Court of Civil Appeals of Texas, 2004

Kevin Denley v. State

Kevin Denley v. State
Court of Civil Appeals of Texas · Decided October 20, 2004

Kevin Denley v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-04-359 CR

NO. 09-04-360 CR

____________________



KEVIN DENLEY, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause Nos. 66874 and 72230




MEMORANDUM OPINION (1)

We have before the Court two appeals by Kevin Denley from an order signed May 28, 2004, denying a motion for DNA testing. The notice of appeal was filed with the trial court on August 24, 2004, more than thirty days from the date of the appealable order. We notified the parties that the appeal did not appear to have been timely filed, but received no response. The Court finds the notice of appeal was not timely filed. Tex. R. App. P. 26.2. No extension of time was timely requested pursuant to Tex. R. App. P. 26.3. It does not appear that appellant obtained out-of-time appeals. The Court finds it is without jurisdiction to entertain these appeals.

It is, therefore, ORDERED that the appeal of this cause be DISMISSED for want of jurisdiction.

APPEALS DISMISSED.

PER CURIAM

Opinion Delivered October 20, 2004

Do Not Publish

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.

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