Affirm and Opinion Filed August 14, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00037-CR
JOHN KENNETH WEEKLEY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1
Dallas County, Texas
Trial Court Cause No. F09-55995-H
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Myers and Brown
Opinion by Chief Justice Wright
John Weekley was convicted of robbery. The jury assessed punishment, enhanced by
two prior felony convictions, at twenty-five years’ imprisonment. This Court affirmed his
conviction on direct appeal. Weekley v. State, No. 05-10-01107-CR, 2013 WL 2316612 (Tex.
App.––Dallas May 28, 2013, pet. ref’d) (mem. op., not designated for publication). Appellant
filed a pro se motion for post-conviction DNA testing, which was denied by the trial court. On
June 9, 2015, the Court ordered appellant, who is representing himself on appeal, to file his brief
by July 20, 2015. We warned that failure to do so would result in submission of the appeal
without briefs and without further notice. See TEX. R. APP. P. 38.8(b); Lott v. State, 874 S.W.2d
687 (Tex. Crim. App. 1994). To date, appellant has not filed a brief.
Absent briefs, no issues are before us. Finding no fundamental error, we affirm the trial
court’s order denying appellant’s motion for post-conviction DNA testing.
/Carolyn Wright/
CAROLYN WRIGHT
Do Not Publish CHIEF JUSTICE
TEX. R. APP. P. 47
150037F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOHN KENNETH WEEKLEY, Appellant On Appeal from the Criminal District Court
No. 1, Dallas County, Texas
No. 05-15-00037-CR V. Trial Court Cause No. F09-55995-H.
Opinion delivered by Chief Justice Wright,
THE STATE OF TEXAS, Appellee Justices Myers and Brown participating.
Based on the Court’s opinion of this date, we AFFIRM the trial court’s order denying
appellant’s motion for post-conviction DNA testing.
Judgment entered August 14, 2015.
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