Horace, Joe Frank Sr.

• Court: Court of Appeals of Texas
• Decided: February 6, 2015
• Docket: PD-0132-15
• Status: Published

Opinion

13Z-15 COURT OF CRIMINAL APPEALS OF TEXAS QrUbtNnL AUSTIN TEXAS

JOE FRANK HORACE SR . , !E< PETITIONER, COURT OF CRIMINAL APPEALS No .09-14-00550-CR V.

THE STATE OF TEXAS, FEB 06 2015 RESPONDENT.

PETITION FOR DISCRETIONARY REVIEW UNDER RULE 68. Abe! Aoosta, Clerk

Petitioner Comes incompliance for this Court of Criminal Appeals of Texas to review the lower Court of Appeals Memorandum Opinion after a order by the same court to "Show Grounds For Relief In Order To Con tinue The Appeal Process," was dismissed by the Appellate Court's JUDGMENT.. And Memorandum Opinion of lack Jurisdiction to con-si TOtflN the merits of the appeal citing SLATON V. STATE, 9B1 S. bfeggRfg? cffl&AL APPEALS CRIM.APP.1998) . FEB 06 2Q:5 LEGAL ANAYliSIS Abel Acosta, Clerk Petitioner's filing after a trial court's denial of DNA testing war rants Court of Criminal Appeals of Texas jurisdiction in an appeal under Art.6k.05 of appeals.. Where "an appeal under this Chapter is to a Court of Appeal in the same manner as an appeal of any other crim

inal matter.. The appeal is a direct appeal to the Court of Criminal Appeals."

Petitioner timely filing of Petition For Discretionary Review Under

Rule 68 shall satisfy a review or consideration on the merits of the trial court's denial:: of DNA testing or allow the appropriate Court of Appeals to rule on the merits by the waiver of a untimely filing as the sole purpose supporting the judgment.

CONCLUSION

For the foregoing reasons asserted in this "Petition For Discretionary Review Under Rule 68." by a Pro Se litigant, ask that this Court of Crim inal Appeals GRANT RELIEF sought SUA SPONTE.

hPETITIONER-PRO SE In The

Court ofAppeals

Ninth District of Texas at Beaumont

NO. 09-14-00550-CR

JOE FRANK HORACE SR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 95770

MEMORANDUM OPINION

On December 2, 2014, Joe Frank Horace Sr.'s notice of appeal was filed in

the trial court following the trial court's October 10, 2014 order denying Horace's

post-conviction motion requesting DNA testing associated with his 2008 burglary

conviction. We notified the parties that the notice of appeal did not appear to have

been timely filed. Horace filed a response but failed to establish that he filed a

notice of appeal within the time permitted for perfecting his appeal. See Tex. R. App. P. 26.2(a), 26.3. We lack jurisdiction to consider the merits of the appeal.

Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim.-App. 1998). Accordingly, we

dismiss the appeal for lack ofjurisdiction.

APPEAL DISMISSED.

HOLLIS HORTON Justice

Submitted on January 20, 2015 Opinion Delivered January 21, 2015 Do Not Publish

Before McKeithen, C.J., Horton and Johnson, JJ.