Ralph Wesley Rogers, Sr. v. State ( 2014 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-13-00615-CR
RALPH WESLEY ROGERS, SR. APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 2 OF TARRANT COUNTY
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MEMORANDUM OPINION1
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Appellant Ralph Wesley Rogers, Sr. filed his notice of appeal on
December 18, 2013, attempting to appeal from the trial court’s October 31, 2011
order finding that DNA testing results were not favorable to him. On January 3,
2014, we notified appellant of our concern that we lacked jurisdiction over the
appeal because the notice of appeal was not timely filed. See Tex. R. App. P.
25.2(b), 26.2(a). We informed appellant that unless he or any party desiring to
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See Tex. R. App. P. 47.4.
continue to the appeal filed with the court, on or before January 13, 2014, a
response showing grounds for continuing the appeal, the appeal could be
dismissed for want of jurisdiction. See Tex. R. App. P. 25.2, 44.3.
Appellant filed a response, but it does not show grounds for continuing the
appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998)
(holding that if an appeal is not timely perfected, a court of appeals does not
obtain jurisdiction to address the appeal’s merits and may take no action other
than to dismiss the appeal). Therefore, we dismiss the appeal. See Tex. R. App.
P. 43.2(f).
PER CURIAM
PANEL: MCCOY, MEIER, and GABRIEL, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: February 6, 2014
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