Sherman Matthew Stewart v. The State of Texas Appeal from 89th District Court of Wichita County (memorandum opinion per curiam)

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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-16-00142-CR SHERMAN MATTHEW STEWART APPELLANT V. THE STATE OF TEXAS STATE ---------FROM THE 89TH DISTRICT COURT OF WICHITA COUNTY TRIAL COURT NO. 45550-C ---------- MEMORANDUM OPINION1 ---------Appellant Sherman Matthew Stewart filed a notice of appeal on April 11, 2016, purporting to appeal the denial of his motion for DNA testing. See Tex. Code Crim. Proc. Ann. art. 64.01 (West Supp. 2015). We sent appellant a letter on April 15, 2016, noting our concern that we may not have jurisdiction over his appeal because the trial court had not ruled on his motion for DNA testing. See 1 See Tex. R. App. P. 47.4. Tex. R. App. P. 26.2(a). We requested that any party desiring to continue the appeal furnish this court with a signed copy of the order that appellant seeks to appeal by May 5, 2016. We warned the parties that “[i]f no order has been signed and furnished by that date, this appeal will be dismissed.” No response has been filed. Because we have no jurisdiction to address appellant’s notice of appeal without a signed copy of the order, we dismiss his appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f). PER CURIAM PANEL: GARDNER, WALKER, AND MEIER, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: August 11, 2016 2

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