Neal Craig Bellinger v. State

• Court: Court of Appeals of Texas
• Decided: August 26, 2015
• Docket: 09-15-00274-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________

NO. 09-15-00274-CR ________________

NEAL CRAIG BELLINGER, Appellant

VS.

THE STATE OF TEXAS, Appellee __________________________________________________________________

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 08-03096 __________________________________________________________________

MEMORANDUM OPINION

On July 15, 2015, Neal Craig Bellinger filed a notice of appeal from the trial

court’s order denying his motion for post-conviction DNA testing. The trial court

signed an order denying Bellinger’s post-conviction motion for DNA testing on

June 5, 2015. The notice of appeal was filed with the trial court more than thirty

days after the date the trial court signed the order denying Bellinger’s motion, and

Bellinger did not timely file a request for an extension of time to file his notice of

1 appeal. On July 27, 2015, we notified the parties that the notice of appeal did not

appear to have been timely filed. Bellinger did not file a response.

The time for filing an appeal runs from the denial of the post-conviction

motion for DNA testing. See Swearingen v. State, 189 S.W.3d 779, 781 (Tex.

Crim. App. 2006). The notice of appeal was not timely filed. See Tex. R. App. P.

26.2(a)(1). No motion for extension of time was timely filed. See Tex. R. App. P.

26.3(b). It does not appear that Bellinger obtained an out-of-time appeal from the

Court of Criminal Appeals. The Court finds it is without jurisdiction to entertain

this appeal. Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

________________________________ LEANNE JOHNSON Justice

Submitted on August 25, 2015 Opinion Delivered August 26, 2015 Do Not Publish

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