Otis Greer v. The State of Texas Appeal from 227th Judicial District Court of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00489-CR Otis GREER, Appellant v. The STATE of Texas, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 1992CR3010W Honorable Philip A. Kazen, Jr., Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Liza A. Rodriguez, Justice Delivered and Filed: October 2, 2019 DISMISSED FOR LACK OF JURISDICTION The clerk’s record reflects that on May 1, 1992, Appellant Otis Greer pled guilty to murder and was sentenced to life imprisonment. On June 14, 2004, Greer filed a pro se “Motion to Request DNA Testing.” On August 3, 2012, the trial court signed an order denying his motion for DNA testing. On June 24, 2019, Greer filed a notice of appeal, stating that he intends to appeal the “judgment of DNA Testing results from the 227th Judicial District Court of Bexar County.” As the clerk’s record reflects Greer did not file his notice of appeal until almost seven years after the trial court denied his motion, it appeared that his notice of appeal was filed untimely and that we 04-19-00489-CR lacked jurisdiction over this appeal. We therefore ordered Otis Greer to show cause why this appeal should not be dismissed for lack of jurisdiction. In his response, Greer represents that he filed a “secondary motion” for DNA testing on February 21, 2019. Greer does not state whether the trial court has ruled on this secondary motion, and no such ruling is contained in the clerk’s record. Thus, as the record reflects that the only appealable order was signed by the trial court in 2012, we dismiss this appeal for lack of jurisdiction. PER CURIAM Do not publish -2-
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