Opinion issued June 19, 2003
In The
Court of Appeals
For The
First District of Texas
____________
NO. 01-03-00424-CR
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BOBBY RAY DIGGLES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 230th District Court
Harris County, Texas
Trial Court Cause No. 409222
MEMORANDUM OPINION
We are without jurisdiction to entertain this appeal. Appellant's motion for forensic DNA testing of evidence was denied by the trial court on October 22, 2002. See generally Kutzner v. State, 75 S.W.3d 427 (Tex. Crim. App. 2002). The trial judge found appellant to be indigent and appointed appellate counsel on November 7, 2002. Notice of appeal was filed on April 23, 2003.
The deadline for filing notice of appeal was November 21, 2002, 30 days after entry of the appealable order, because no motion for new trial was filed. See Tex. R. App. P. 26.2.
Because the notice of appeal was filed late, we dismiss the appeal for lack of jurisdiction. Slaton v. State, 981 S.W.2d 208, 209-10 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).
PER CURIAM
Panel consists of Justices Taft, Jennings, and Hanks.
Do not publish. Tex. R. App. P. 47.2(b).