DocketNumber： 11-08-00234-CR
Filed Date： 10/9/2008
Status： Precedential
Modified Date： 9/10/2015
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Opinion filed October 9, 2008
In The
Eleventh Court of Appeals
__________
No. 11-08-00234-CR
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CARL RAYMOND DOLAN, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 59th District Court
Grayson County, Texas
Trial Court Cause No. 47458
M E M O R A N D U M O P I N I O N
Carl Raymond Dolan is attempting to appeal to this court from the trial court=s denial of his motion requesting DNA testing pursuant to Tex. Code Crim. Proc. Ann. '' 64.01B.05 (Vernon 2006 & Supp. 2008). We dismiss for want of jurisdiction.
When Dolan=s pro se brief, pro se notice of appeal, and pro se motion to file the notice of appeal were received in this court, the clerk wrote the parties pointing out that Dolan was challenging a ruling from a Grayson County district court and that Grayson County was not a county that appealed to this court. The September 19, 2008 letter asked Dolan to respond showing grounds for continuing this appeal. Dolan has responded.
In his response, Dolan informs this court that, because his underlying criminal conviction had been transferred to this court in 2000, he filed his brief, notice of appeal, and motion in the DNA appeal in this court. Dolan=s DNA case is a separate proceeding from his criminal conviction appeal. Any appeal from the Grayson County trial court will lie with the Fifth Court of Appeals pursuant to Tex. Gov=t Code Ann. ' 22.201(f) (Vernon Supp. 2008); therefore, this court lacks jurisdiction to entertain this appeal. Tex. Gov=t Code Ann. ' 22.201(l) (Vernon Supp. 2008).
The appeal is dismissed.
PER CURIAM
October 9, 2008
Do not publish. See Tex. R. App. P. 47.2(b).
Panel consists of: Wright, C.J.,
McCall, J., and Strange, J.