Clim Eugene Thomas v. The State of TexasAppeal from 213th District Court of Tarrant County (memorandum opinion per curiam)

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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-13-00390-CR CLIM EUGENE THOMAS APPELLANT V. THE STATE OF TEXAS STATE ---------FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 ---------On September 6, 2012, Appellant Clim Eugene Thomas filed a postconviction motion for forensic DNA testing of the victim . . . [and] the gun powder that was use[d] as evidence. 2 See Tex. Code Crim. Proc. Ann. art. 64.01(a-1) 1 See Tex. R. App. P. 47.4. 2 We do not have any information regarding Appellant s underlying conviction. (West Supp. 2012). On December 18, 2012, the trial court denied Appellant s motion. See id. art. 64.03(a). On August 6, 2013, Appellant filed a notice of appeal regarding the trial court s denial. See id. art. 64.05 (West 2006). It is clear that Appellant filed his notice of appeal outside of the mandated time limitations, which divests this court of jurisdiction over his attempted appeal. See id.; Tex. R. App. P. 26.2(a); Olivo v. State, 918 S.W.2d 519, 522 23 (Tex. Crim. App. 1996). Therefore, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f). PER CURIAM PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: October 10, 2013 2

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