Terry Preston Helmcamp v. The State of Texas Appeal from 435th District Court of Montgomery County (memorandum opinion by chief justice mckeithen)
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00281-CR ____________________ TERRY PRESTON HELMCAMP, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the 435th District Court Montgomery County, Texas Trial Cause No. 12-01-00757-CR ________________________________________________________ _____________ MEMORANDUM OPINION Terry Preston Helmcamp appealed from the trial court’s May 20, 2016, order denying Helmcamp’s motion for post-conviction DNA testing under Chapter 64 of the Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. 64.05 (West 2006). We questioned our jurisdiction over the appeal because the notice of appeal is dated July 27, 2016, more than thirty days after the date of the order being appealed. See Tex. R. App. P. 26.2(a)(1). 1 In response to the notice, Helmcamp explained that he did not file his notice of appeal sooner because he did not know that the trial court had signed the order denying his motion. In a criminal case, being unaware that the order has been signed does not excuse the untimely filing of the notice of appeal. Ex parte Matthews, 452 S.W.3d 8, 11 (Tex. App.—San Antonio 2014, no pet.). When a notice of appeal is filed late in a criminal case, we must dismiss the appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Accordingly, the appeal is dismissed for lack of jurisdiction. APPEAL DISMISSED. ________________________________ STEVE McKEITHEN Chief Justice Submitted on August 30, 2016 Opinion Delivered August 31, 2016 Do Not Publish Before McKeithen, C.J., Horton and Johnson, JJ. 2
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