Allen F. Calton v. State ( 2014 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-13-00460-CR
ALLEN F. CALTON APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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Appellant Allen F. Calton filed a premature notice of appeal on September
16, 2013, complaining of an anticipated denial of his postconviction motion for
forensic DNA testing. We sent Appellant a letter in early October notifying him of
our concern that we lack jurisdiction over this appeal because the trial court has
not entered any appealable orders and stating that this appeal would be subject
1
See Tex. R. App. P. 47.4.
to dismissal unless, within ten days of receiving our letter, a party provided this
court with grounds for continuing the appeal. 2 We received no response.
Almost five months after Appellant filed his notice of appeal, the trial court
has yet to rule on his motion. Accordingly, we dismiss this appeal for want of
jurisdiction. 3
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: February 13, 2014
2
See McIntosh v. State, 110 S.W.3d 51, 52 (Tex. App.—Waco 2002, no
pet.); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no
pet.); see also Blanchette v. State, No. 02-02-00381-CR, 2003 WL 22026604, at
*1 (Tex. App.—Fort Worth Aug. 29, 2003, no pet.) (mem. op.) (not designated for
publication) (dismissing appeal for want of jurisdiction when order denying
postconviction motion for DNA testing did not exist).
3
See Tex. R. App. P. 43.2(f).
2