Joseph Wayne Hunter v. the State of Texas

Dismiss and Opinion Filed August 24, 2021
In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00686-CR
JOSEPH WAYNE HUNTER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 265th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F13-56295-R
MEMORANDUM OPINION
Before Justices Schenck, Reichek, and Carlyle
Opinion by Justice Carlyle
Joseph Wayne Hunter seeks to challenge the trial court’s January 15, 2021
denial of his motion for forensic DNA testing and for the appointment of counsel.
On August 9, 2021, he filed a motion for an extension of time to file his notice of
appeal. We dismiss this appeal.
Our appellate jurisdiction is triggered through a timely notice of appeal. Olivo
v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). If a notice of appeal is not
timely filed, we do not have jurisdiction to address the merits of the appeal and may
take no action other than dismissal. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim.
App. 1998); TEX. R. APP. P. 26.2(a). An appeal from the denial of a motion for DNA
testing is treated in the same manner as an appeal from any other criminal matter.
TEX. CODE CRIM. PROC. art. 64.05. Rule 26.2(a) requires that, absent a timely motion
for new trial, a notice of appeal must be filed within thirty days after the date the
trial court enters an appealable order. Appellant did not file his notice of appeal
within thirty days of the trial court’s order because, according to him, he did not
receive timely notice of the trial court’s ruling. However, appellant’s assertion of
lack of timely notice does not affect our appellate timetable. See Davis v. State, 502
S.W.3d 803, 803 (Tex. Crim. App. 2016); Ex parte Suhre, 185 S.W.3d 898, 899 (Tex.
Crim. App. 2006).
Because we have no jurisdiction, we dismiss the appeal. See TEX. R. APP. P.
43.2(f).
210686f.u05
Do Not Publish /Cory L. Carlyle//
TEX. R. APP. P. 47.2(b) CORY L. CARLYLE
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOSEPH WAYNE HUNTER, On Appeal from the 265th Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. F13-56295-R.
No. 05-21-00686-CR V. Opinion delivered by Justice Carlyle.
Justices Schenck and Reichek
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 24th day of August, 2021.
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