In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-14-00550-CR
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JOE FRANK HORACE SR., Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the Criminal District Court
Jefferson County, Texas
Trial Cause No. 95770
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MEMORANDUM OPINION
On December 2, 2014, Joe Frank Horace Sr.’s notice of appeal was filed in
the trial court following the trial court’s October 10, 2014 order denying Horace’s
post-conviction motion requesting DNA testing associated with his 2008 burglary
conviction. We notified the parties that the notice of appeal did not appear to have
been timely filed. Horace filed a response but failed to establish that he filed a
notice of appeal within the time permitted for perfecting his appeal. See Tex. R.
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App. P. 26.2(a), 26.3. We lack jurisdiction to consider the merits of the appeal.
Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Accordingly, we
dismiss the appeal for lack of jurisdiction.
APPEAL DISMISSED.
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HOLLIS HORTON
Justice
Submitted on January 20, 2015
Opinion Delivered January 21, 2015
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.
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