Barry Charles Dockery v. The State of Texas--Appeal from 299th District Court of Travis County (majority)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-11-00738-CR Barry Charles Dockery, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT NO. 946153, HONORABLE KAREN SAGE, JUDGE PRESIDING MEMORANDUM OPINION Appellant Barry Charles Dockery filed a motion for post-conviction DNA testing, and the trial court denied the motion on August 8, 2011. Although Dockery s notice of appeal was dated August 31, 2011, it was not filed in the trial court until October 11, 2011. See Tex. R. App. P. 26.2(a) (notice of appeal due within thirty days of date trial court enters appealable order). Because the notice of appeal was untimely filed, we cannot exercise jurisdiction over this appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) ( A timely notice of appeal is necessary to invoke a court of appeals jurisdiction. ). We therefore dismiss the appeal for want of jurisdiction. Tex. R. App. P. 42.3(a). __________________________________________ David Puryear, Justice Before Justices Puryear, Henson and Goodwin Dismissed for Want of Jurisdiction Filed: February 10, 2012 Do Not Publish 2
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