David M. Layton v. The State of Texas--Appeal from 251st District Court of Potter County
Annotate this Case
Download PDF
NO. 07-10-00380-CR; 07-10-00381-CR; 07-10-00382-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B OCTOBER 8, 2010 DAVID MATTHEW LAYTON, APPELLANT v. THE STATE OF TEXAS, APPELLEE FROM THE 251ST DISTRICT COURT OF POTTER COUNTY; NO. 34,435-C, 34,436-C, 34,437-C; HONORABLE ANA ESTEVEZ, JUDGE Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. MEMORANDUM OPINION Appellant, David Matthew Layton, seeks to appeal orders in each of the aboveidentified causes denying his requests for post-conviction DNA testing and appointment of counsel. See TEX. CODE CRIM. PROC. ANN. arts. 64.01, .03, .05 (Vernon Supp. 2010). The orders denying appellant s requests were signed on July 12, 2010. The deadline for perfecting the present appeals was, therefore, August 11, 2010. See TEX. R. APP. P. 26.2(a)(1).1 Appellant filed his notices of appeal on September 27, 2010. Under these 1 We are aware, as appellant notes in his notice of appeal, that appellant filed a petition for writ of mandamus with this Court relating to the trial court s rulings in these orders on August 9, 2010. However, the filing of a petition for writ of mandamus within circumstances, we lack jurisdiction to dispose of the purported appeals in any manner other than by dismissing them for want of jurisdiction. In re Suhre, No. 03-03-00066CR, 2003 Tex.App. LEXIS 1343, at *1 (Tex.App. Austin Feb. 13, 2003, pet. ref d). Consequently, the appeals are dismissed for want of jurisdiction. Mackey K. Hancock Justice Do not publish. the time in which a direct appeal may be perfected does not extend the time in which the direct appeal must be perfected. See id. at 26.2(b). 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
