John W. Tyrone v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-04-00331-CR
John W. TYRONE,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 95-CR-0150
Honorable Mary Rom n, Judge Presiding

PER CURIAM

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: July 14, 20043

DISMISSED FOR LACK OF JURISDICTION

The trial court denied appellant's motion for post-conviction DNA testing on March 30, 2004. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on April 29, 2004. Tex. R. App. P. 26.2(a)(1); see also Tex. Code Crim. Proc. Ann. art. 64.05 (Vernon Supp. 2004) (stating that appeals from motions for DNA testing are governed in the same manner as an appeal of any other criminal matter). A motion for extension of time to file the notice of appeal was due on May 14, 2004. Tex. R. App. P. 26.3. Appellant filed his notice of appeal on May 3, 2004. Appellant did not file a motion for extension of time.

We, therefore, ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellant failed to respond. We dismiss this appeal for lack of jurisdiction.

PER CURIAM

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