In re Thomas Elton Holder--Appeal from 26th District Court of Williamson County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-05-00123-CR In re Thomas Elton Holder FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT NO. 90-217-K26, HONORABLE BILLY RAY STUBBLEFIELD, JUDGE PRESIDING MEMORANDUM OPINION An attorney was appointed to represent Thomas Elton Holder in a forensic DNA testing proceeding. See Tex. Code Crim. Proc. Ann. art. 64.01(c) (West Supp. 2004-05). Holder seeks to appeal a subsequent order granting the attorney s motion to withdraw. The order was signed and entered on January 19, 2005. Holder mailed his notice of appeal to the district clerk on February 25, and it was filed on February 28, 2005. Because the notice of appeal was not timely, we lack jurisdiction to dispose of the purported appeal in any manner other than by dismissing it for want of jurisdiction. See Tex. R. App. P. 9.2(b), 26.2(a)(1); and see Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522-23 (Tex. Crim. App. 1996). The appeal is dismissed. __________________________________________ Bea Ann Smith, Justice Before Justices B. A. Smith, Patterson and Pemberton Dismissed for Want of Jurisdiction Filed: May 16, 2005 Do Not Publish 2

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