Neal Craig Bellinger v. The State of Texas Appeal from 252nd District Court of Jefferson County (memorandum opinion )
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In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-15-00274-CR ________________ NEAL CRAIG BELLINGER, Appellant VS. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 08-03096 __________________________________________________________________ MEMORANDUM OPINION On July 15, 2015, Neal Craig Bellinger filed a notice of appeal from the trial court’s order denying his motion for post-conviction DNA testing. The trial court signed an order denying Bellinger’s post-conviction motion for DNA testing on June 5, 2015. The notice of appeal was filed with the trial court more than thirty days after the date the trial court signed the order denying Bellinger’s motion, and Bellinger did not timely file a request for an extension of time to file his notice of 1 appeal. On July 27, 2015, we notified the parties that the notice of appeal did not appear to have been timely filed. Bellinger did not file a response. The time for filing an appeal runs from the denial of the post-conviction motion for DNA testing. See Swearingen v. State, 189 S.W.3d 779, 781 (Tex. Crim. App. 2006). The notice of appeal was not timely filed. See Tex. R. App. P. 26.2(a)(1). No motion for extension of time was timely filed. See Tex. R. App. P. 26.3(b). It does not appear that Bellinger obtained an out-of-time appeal from the Court of Criminal Appeals. The Court finds it is without jurisdiction to entertain this appeal. Accordingly, we dismiss the appeal for want of jurisdiction. APPEAL DISMISSED. ________________________________ LEANNE JOHNSON Justice Submitted on August 25, 2015 Opinion Delivered August 26, 2015 Do Not Publish Before McKeithen, C.J., Kreger and Johnson, JJ. 2
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