COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-13-00390-CR
CLIM EUGENE THOMAS APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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On September 6, 2012, Appellant Clim Eugene Thomas filed a post-
conviction motion for forensic DNA testing of “the victim . . . [and] the gun powder
that was use[d] as evidence.” 2 See Tex. Code Crim. Proc. Ann. art. 64.01(a-1)
1
See Tex. R. App. P. 47.4.
2
We do not have any information regarding Appellant’s underlying
conviction.
(West Supp. 2012). On December 18, 2012, the trial court denied Appellant’s
motion. See id. art. 64.03(a). On August 6, 2013, Appellant filed a notice of
appeal regarding the trial court’s denial. See id. art. 64.05 (West 2006). It is
clear that Appellant filed his notice of appeal outside of the mandated time
limitations, which divests this court of jurisdiction over his attempted appeal. See
id.; Tex. R. App. P. 26.2(a); Olivo v. State, 918 S.W.2d 519, 522–23 (Tex. Crim.
App. 1996). Therefore, we dismiss the appeal for want of jurisdiction. See Tex.
R. App. P. 43.2(f).
PER CURIAM
PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: October 10, 2013
2