John Kenneth Weekley v. State

Opinion

Affirm and Opinion Filed August 14, 2015

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-00037-CR

JOHN KENNETH WEEKLEY, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 1 Dallas County, Texas

Trial Court Cause No. F09-55995-H

MEMORANDUM OPINION

Before Chief Justice Wright and Justices Myers and Brown Opinion by Chief Justice Wright John Weekley was convicted of robbery. The jury assessed punishment, enhanced by

two prior felony convictions, at twenty-five years’ imprisonment. This Court affirmed his

conviction on direct appeal. Weekley v. State, No. 05-10-01107-CR, 2013 WL 2316612 (Tex.

App.––Dallas May 28, 2013, pet. ref’d) (mem. op., not designated for publication). Appellant

filed a pro se motion for post-conviction DNA testing, which was denied by the trial court. On

June 9, 2015, the Court ordered appellant, who is representing himself on appeal, to file his brief

by July 20, 2015. We warned that failure to do so would result in submission of the appeal

without briefs and without further notice. See TEX. R. APP. P. 38.8(b); Lott v. State, 874 S.W.2d

687 (Tex. Crim. App. 1994). To date, appellant has not filed a brief.

Absent briefs, no issues are before us. Finding no fundamental error, we affirm the trial

court’s order denying appellant’s motion for post-conviction DNA testing.

/Carolyn Wright/ CAROLYN WRIGHT

Do Not Publish CHIEF JUSTICE TEX. R. APP. P. 47 150037F.U05

3

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

JOHN KENNETH WEEKLEY, Appellant On Appeal from the Criminal District Court No. 1, Dallas County, Texas No. 05-15-00037-CR V. Trial Court Cause No. F09-55995-H.

Opinion delivered by Chief Justice Wright, THE STATE OF TEXAS, Appellee Justices Myers and Brown participating.

Based on the Court’s opinion of this date, we AFFIRM the trial court’s order denying appellant’s motion for post-conviction DNA testing.

Judgment entered August 14, 2015.