TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00481-CR

In re Luis Noguez

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 331ST JUDICIAL DISTRICT NO. 98-0505, HONORABLE BOB PERKINS, JUDGE PRESIDING

MEMORANDUM OPINION

Luis Noguez seeks to appeal an order denying his motion for post-conviction DNA testing. The motion was denied on June 23, 2005. The notice of appeal was filed on September 30, 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 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.

__________________________________________ Diane Henson, Justice Before Chief Justice Law, Justices Waldrop and Henson Dismissed for Want of Jurisdiction Filed: August 31, 2007 Do Not Publish