Kent Altonio Rogers v. The State of Texas Appeal from Criminal District Court No. 3 of Tarrant County (memorandum opinion)
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In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-20-00064-CR No. 02-20-00065-CR ___________________________ KENT ALTONIO ROGERS, Appellant V. THE STATE OF TEXAS On Appeal from Criminal District Court No. 3 Tarrant County, Texas Trial Court Nos. 0857725D, 0834865D Before Sudderth, C.J.; Gabriel and Kerr, JJ. Memorandum Opinion by Chief Justice Sudderth MEMORANDUM OPINION Appellant Kent Altonio Rogers filed pro se motions for DNA testing and appointment of counsel on January 23, 2020, and then attempted to appeal on March 16, 2020.1 On April 17, 2020, we notified Appellant of our concern that there were no appealable orders because the trial court clerk had informed us that the trial judge had not signed any orders ruling on Appellant’s motions, making his attempts to appeal premature. See Tex. R. App. P. 26.2(a)(1); 27.1(b). We gave the parties until May 7, 2020, to furnish us with signed orders to avoid dismissal of the appeals for lack of jurisdiction. See Tex. R. App. P. 43.2(f), 44.3, 44.4(a)(2). The trial court clerk has informed us that no orders have been signed. Because no orders have been signed by the trial court, we lack jurisdiction over these appeals. Accordingly, we dismiss the appeals for lack of jurisdiction. See Tex. R. App. P. 25.2(b), 26.2(a)(1), 27.1(b), 43.2(f). /s/ Bonnie Sudderth Bonnie Sudderth Chief Justice Do Not Publish Tex. R. App. P. 47.2(b) In 2006, Appellant filed a motion for DNA testing and for appointment of counsel. See In re Rogers, No. 02-06-00287-CV, 2006 WL 2627317, at *1 (Tex. App.— Fort Worth Sept. 8, 2006) (orig. proceeding) (per curiam). The trial court appointed counsel for him, see id., but ultimately denied the motion for DNA testing. 1 2 Delivered: July 16, 2020 3
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