In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
_________________________
No. 06-12-00060-CR
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DANNY RENE SMITH, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 402th Judicial District Court
Wood County, Texas
Trial Court No. 14,097-94
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
Danny Rene Smith was convicted of involuntary manslaughter in 1995. He filed a
“Motion for Post-Conviction forensic DNA Testing; Defendant’s Supporting Affidavit; Motion
for Appointment of Counsel” under Chapter 64 of the Texas Code of Criminal Procedure on
February 14, 2012. The trial court denied the motion on February 15, noting “beginning in 2002,
extensive proceeding [sic] have been conducted regarding Art. 64.01 issues.” Notice of appeal
was filed on April 11, 2012. On April 17, 2012, the trial court denied “Defendant’s Motion for
appointment of an attorney for an appeal.”
Smith’s notice of appeal specified that appeal was sought from the denial of his February
14 motion. Notice of appeal was due thirty days from the signing of the trial court’s February 15
appealable order. TEX. R. APP. P. 26.2(a)(1); see Swearingen v. State, 189 S.W.3d 779, 780–81
(Tex. Crim. App. 2006). “Although the trial court later denied [an]other motion[] that may have
been ancillary to the Chapter 64 proceeding, the outcome of the proceeding was decided on
[February 15], and the appellate timetable ran from that date.” Id. at 781. Because the April 11
notice of appeal was untimely, we do not have jurisdiction to hear this appeal. Id.
We dismiss the appeal for want of jurisdiction.
Jack Carter
Justice
Date Submitted: May 22, 2012
Date Decided: May 23, 2012
Do Not Publish
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