Kevin J. Denley v. State ( 2005 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-05-305 CR NO. 09-05-306 CR ____________________

KEVIN J. DENLEY, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause Nos. 66874 and 72230

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MEMORANDUM OPINION

On July 28, 2005, we informed the parties that our jurisdiction was not apparent from the notice of appeal, and notified them that the appeal would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeal. In response, the appellant asks this Court to address this matter as a post-conviction writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure.

The notice of appeal seeks to appeal a refusal to rule on a subsequent motion for forensic DNA testing after the appeals of the trial court's previous denials were dismissed because the appeals were not perfected within the time permitted by the Texas Rules of Appellate Procedure. See Denley v. State, Nos. 09-04-359 CR and 09-04-360 CR (Tex. App.- Beaumont Oct. 20, 2004, no pet.)(not designated for publication). The appellant asks this Court to consider this matter as a post-conviction writ of habeas corpus, but we do not have jurisdiction of writs filed pursuant to Article 11.07. See Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon 2005).

Accordingly, we hold the appellant failed to invoke our appellate jurisdiction because no presently appealable orders have been signed by the trial court. The appeals are dismissed for want of jurisdiction.

APPEALS DISMISSED FOR LACK OF JURISDICTION.

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STEVE McKEITHEN

Chief Justice

Opinion Delivered August 31, 2005

Do Not Publish

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