In re Joe Pena Sr.--Appeal from 20th District Court of Milam County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-05-00441-CR In re Joe Pena, Sr. FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT NO. 19,269, HONORABLE ED MAGRE, JUDGE PRESIDING MEMORANDUM OPINION On December 12, 2001, the district court denied appellant Joe Pena, Sr. s pro se motion for post-conviction DNA testing. See Tex. Code Crim. Proc. Ann. art. 64.01 (West Supp. 2004-05). Pena filed a notice of appeal from this order on July 13, 2005. The notice of appeal was clearly too late. See Tex. R. App. P. 26.2(a)(1). Under the circumstances, we lack jurisdiction to dispose of the purported appeal in any manner other than by dismissing it for want of jurisdiction. 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. __________________________________________ W. Kenneth Law, Chief Justice Before Chief Justice Law, Justices Patterson and Puryear Dismissed for Want of Jurisdiction Filed: August 5, 2005 Do Not Publish

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