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Austin, Texas – Criminal Defense lawyer represented defendant with appealing the denial for post-conviction forensic DNA testing.
Appellant Alan Josep Mury seeks to appeal the trial court’s order denying his motion for post-conviction forensic DNA testing. See Tex. Code Crim. Proc. arts. 64.03, .05. The order was file-stamped on October 15, 2021 and signed on October 21, 2021. As such, the deadline for perfecting the appeal was November 22, 2021.1
See Tex. R. App. P. 26.2(a)(1); see also State v. Wachtendorf, 475 S.W.3d 895, 900 (Tex. Crim. App. 2015) (noting that principle that “the notice-of-appeal period begins with the trial court’s signing of the appealable order” has been “ingrained in the law” for twenty-five years). Mury did not request an extension of time for filing the notice of appeal. See Tex. R. App. P. 26.3. He avers that he mailed the notice on November 24, 2021, and it was therefore untimely.
Outcome: Consequently, we lack jurisdiction to entertain the appeal and must dismiss it for want of jurisdiction.