IN THE
TENTH COURT OF APPEALS
No. 10-14-00407-CR
MICHAEL EDWARD STRICKLAND,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 82nd District Court
Falls County, Texas
Trial Court No. 8033
ORDER
Michael Edward Strickland was convicted in 2007. He is currently appealing the
trial court’s denial of his request for post-conviction DNA testing. His docketing
statement in this appeal is due by January 21, 2015.
The Court received a letter and accompanying motion from Strickland on
January 9, 2015. The letter explains to the Clerk of this Court that he received the
Court’s notice to file a docketing statement on January 6, 2015 and that he is requesting
an extension of time in a motion sent along with the cover letter. The accompanying
motion the Court received on January 9, 2015 is less than clear regarding what
Strickland wants. In some portions of the motion, it appears he is asking for an
extension of time to file a notice of appeal of his 2007 conviction. But an appeal of that
conviction is untimely, and we have not found that Strickland has been granted an out
of time appeal by the Court of Criminal Appeals. However, based on the cover letter to
the Clerk and the fact that Strickland mentions in the motion that the motion is
pursuant to the rule regarding docketing statements, Texas Rule of Appellate Procedure
32, we interpret Strickland’s motion to be a request for an extension of time to file a
docketing statement.
Strickland’s docketing statement was filed on January 16, 2015. Accordingly, as
interpreted above, Strickland’s request for an extension of time to file his docketing
statement is dismissed as moot. Any other relief requested by Strickland in the motion
received and filed on January 9, 2015 is specifically denied.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion dismissed as moot
Order issued and filed January 22, 2015
Strickland v. State Page 2