Joe Frank Horace Sr. v. State

• Court: Court of Appeals of Texas
• Decided: January 21, 2015
• Docket: 09-14-00550-CR
• Status: Published

Opinion

In The

Court of Appeals 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.

1 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 of jurisdiction.

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Submitted on January 20, 2015 Opinion Delivered January 21, 2015 Do Not Publish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