Kevin Duane Talkington v. the State of Texas

In the

Court of Appeals

Second Appellate District of Texas at Fort Worth ___________________________

No. 02-21-00117-CR ___________________________

KEVIN DUANE TALKINGTON, Appellant

V.

THE STATE OF TEXAS

On Appeal from the 213th District Court

Tarrant County, Texas

Trial Court No. 1269829D

Before Sudderth, C.J.; Kerr and Walker, JJ.

Memorandum Opinion by Justice Walker MEMORANDUM OPINION

Appellant Kevin Duane Talkington attempts to appeal from the trial court’s order denying his motion for the appointment of counsel to assist him in obtaining postconviction, forensic DNA testing. See Tex. Code Crim. Proc. Ann. art. 64.01(c). We notified Talkington of our belief that we do not have jurisdiction over his appeal because such an order is not immediately appealable and gave him an opportunity to respond showing grounds to continue his appeal. See Tex. R. App. P. 44.3; Gutierrez v. State, 307 S.W.3d 318, 323 (Tex. Crim. App. 2010); see also Whitfield v. State, 430 S.W.3d 405, 408 n.11 (Tex. Crim. App. 2014). Although we granted Talkington an extension to respond, he has failed to do so. We dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); Gutierrez, 307 S.W.3d at 323.

/s/ Brian Walker Brian Walker Justice Do Not Publish

Tex. R. App. P. 47.2(b)

Delivered: November 24, 2021