Christopher K. Schmotzer v. The State of Texas Appeal from 85th District Court of Brazos County (memorandum opinion per curiam)
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IN THE TENTH COURT OF APPEALS No. 10-15-00446-CR CHRISTOPHER K. SCHMOTZER, Appellant v. THE STATE OF TEXAS, Appellee From the 85th District Court Brazos County, Texas Trial Court No. 09-1287-CRF-85 MEMORANDUM OPINION Christopher K. Schmotzer appeals the trial court’s order denying Schmotzer’s motion for DNA testing signed on August 31, 2015. Schmotzer’s notice of appeal is untimely. The notice was due September 30, 2015. See TEX. R. APP. P. 26.2(a). The notice of appeal was filed on December 23, 2015. This Court has no jurisdiction over an appeal where the notice of appeal is untimely. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Accordingly, this appeal is dismissed.1 Schmotzer’s motion to suspend the rule regarding the number of copies filed is dismissed as moot. PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Motion dismissed as moot Opinion delivered and filed December 31, 2015 Do not publish [CR25] A motion for rehearing may be filed within 15 days after the judgment of this Court is rendered. See TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by filing a petition for discretionary review, that petition must be filed with the Court of Criminal Appeals within 30 days after either the day this Court’s judgment was rendered or the day the last timely motion for rehearing was overruled by this Court. See TEX. R. APP. P. 68.2(a). 1 Schmotzer v. State Page 2
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