Opinion issued October 7, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00737-CR
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BRUCE EGRIM JOSEPH, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 268th District Court
Fort Bend County, Texas
Trial Court Case No. 05-DCR-043408A
MEMORANDUM OPINION
Appellant Bruce Egrim Joseph pleaded guilty to the felony offense of
aggravated sexual assault and, pursuant to the terms of a plea agreement, was
sentenced to 35 years’ imprisonment on December 12, 2006. On July 8, 2014, the
trial court signed an order denying Joseph’s post-conviction “Motion and Request
for Post Conviction Forensic DNA Testing and Appointment of Counsel and
Appointment of Investigator and to Permit the Examination of the Applicant and
for Authority to Incur Expenses and to Testify Free From Impeachment by Prior
Conviction.” Joseph filed a pro se notice of appeal of the order on September 2,
2014. We dismiss the appeal for want of jurisdiction.
An appeal from a denial of a motion for DNA testing is treated in the same
manner as an appeal of any other criminal matter. See TEX. CODE CRIM. PROC.
ANN. art. 64.05 (West 2006). Texas Rule of Appellate Procedure 26.2 provides that
an appeal is perfected when a notice of appeal is filed within thirty days after the
day the trial court enters an appealable order. See TEX. R. APP. P. 26.2(a)(1). The
time within which to file the notice of appeal may be enlarged if, within fifteen
days after the deadline for filing the notice, the party files the notice of appeal and
a motion complying with Rule 10.5(b) of the Texas Rules of Appellate Procedure.
See TEX. R. APP. P. 26.3. Joseph did not file a motion for extension of time in this
case.
Joseph’s notice of appeal was due to have been filed on or before August 7,
2014. See TEX. R. APP. P. 26.2(a)(2). The notice of appeal filed by Joseph on
September 2, 2014 (26 days after the deadline) was therefore untimely. This
Court’s appellate jurisdiction in a criminal case is invoked by a timely filed notice
of appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Absent
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a timely filed notice of appeal, a court of appeals does not obtain jurisdiction to
address the merits of the appeal in a criminal case and can take no action other than
to dismiss the appeal for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208,
210 (Tex. Crim. App. 1998). Because Joseph’s notice of appeal was not timely, we
lack jurisdiction over this appeal.
Accordingly, the appeal is dismissed for want of jurisdiction. Any pending
motions are dismissed as moot.
PER CURIAM
Panel consists of Justices Higley, Bland, and Sharp.
Do not publish. TEX. R. APP. P. 47.2(b).
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