Danny Rene Smith v. The State of Texas--Appeal from 402nd Judicial District Court of Wood County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-06-00095-CR

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DANNY RENE SMITH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 294th Judicial District Court

Wood County, Texas

Trial Court No. 14,097-94

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Danny Rene Smith appeals from the trial court's denial of his post-conviction motion for DNA testing. The order was signed December 8, 2005. Smith filed a notice of appeal May 2, 2006. According to Rule 26.2, Smith had thirty days after the day the order was signed to file a notice of appeal. See Tex. R. App. P. 26.2(a)(1). Therefore, Smith had until January 9, 2006, to file a notice of appeal. Hence, this appeal is untimely, and we are without jurisdiction to hear this case.

We dismiss this appeal for want of jurisdiction.

Jack Carter

Justice

Date Submitted: May 16, 2006

Date Decided: May 17, 2006

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