Detrick Deroven v. the State of Texas ( 2023 )


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  •                                Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-23-00477-CR
    Detrick DEROVEN,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 186th Judicial District Court, Bexar County, Texas
    Trial Court No. 1996-CR-3437A
    Honorable Kristina Escalona, Judge Presiding
    PER CURIAM
    Sitting:          Patricia O. Alvarez, Justice
    Luz Elena D. Chapa, Justice
    Irene Rios, Justice
    Delivered and Filed: June 14, 2023
    DISMISSED FOR WANT OF JURISDICTION
    In trial court cause number 1996-CR-3437A, Appellant was tried by a jury and found guilty
    of capital murder—multiple persons. On November 20, 1997, the trial court sentenced Appellant
    to confinement in the Texas Department of Criminal Justice—Institutional Division for life.
    On January 18, 2022, Appellant filed a motion for forensic DNA testing of evidence. See
    TEX. CODE CRIM. PROC. ANN. art. 64.01(a-1). The State filed its response, and the trial court
    denied the motion on March 16, 2022. An appeal from the decision on a motion for forensic DNA
    testing “is to a court of appeals in the same manner as an appeal of any other criminal matter.” Id.
    04-23-00477-CR
    art. 64.05; see Gutierrez v. State, 
    307 S.W.3d 318
    , 321 (Tex. Crim. App. 2010) (“[A]n order
    denying DNA testing is an ‘appealable order’ under Rule 25.2(a)(2).”).
    Appellant’s notice of appeal was due on April 18, 2022. See TEX. R. APP. P. 26.2(a); Olivo
    v. State, 
    918 S.W.2d 519
    , 522 (Tex. Crim. App. 1996). More than one year later, on April 27,
    2023, Appellant filed a pro se motion for leave to file a late notice of appeal of the denial of his
    motion for post-conviction DNA testing.
    A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. Olivo v.
    State, 
    918 S.W.2d 519
    , 522 (Tex. Crim. App. 1996); see Ater v. Eighth Court of Appeals, 
    802 S.W.2d 241
    , 243 (Tex. Crim. App. 1991) (stating that an out-of-time appeal from a final felony
    conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas
    Code of Criminal Procedure); In re Coronado, 
    980 S.W.2d 691
    , 692 (Tex. App.—San Antonio
    1998, orig. proceeding) (citing TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3) (“Post-conviction
    writs of habeas corpus are to be filed in the trial court in which the conviction was obtained [and]
    made returnable to the Court of Criminal Appeals.”).
    On May 10, 2023, we ordered Appellant to show cause in writing by May 31, 2023, why
    this appeal should not be dismissed for want of jurisdiction. See Olivo, 
    918 S.W.2d at 522
    ; Ater,
    
    802 S.W.2d at 243
    .
    On May 30, 2023, Appellant, acting pro se, filed an Inmate Declaration of Indigence, a
    motion to proceed in forma pauperis, and a docketing statement. These documents do not show
    how Appellant’s notice of appeal was timely or otherwise demonstrate how this court’s jurisdiction
    has been invoked. See Olivo, 
    918 S.W.2d at 522
    .
    Accordingly, we dismiss this appeal for want of jurisdiction.
    PER CURIAM
    Do not publish
    -2-
    

Document Info

Docket Number: 04-23-00477-CR

Filed Date: 6/14/2023

Precedential Status: Precedential

Modified Date: 6/20/2023