In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-16-00281-CR
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TERRY PRESTON HELMCAMP, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 435th District Court
Montgomery County, Texas
Trial Cause No. 12-01-00757-CR
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MEMORANDUM OPINION
Terry Preston Helmcamp appealed from the trial court’s May 20, 2016,
order denying Helmcamp’s motion for post-conviction DNA testing under Chapter
64 of the Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. 64.05
(West 2006). We questioned our jurisdiction over the appeal because the notice of
appeal is dated July 27, 2016, more than thirty days after the date of the order
being appealed. See Tex. R. App. P. 26.2(a)(1).
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In response to the notice, Helmcamp explained that he did not file his notice
of appeal sooner because he did not know that the trial court had signed the order
denying his motion. In a criminal case, being unaware that the order has been
signed does not excuse the untimely filing of the notice of appeal. Ex parte
Matthews, 452 S.W.3d 8, 11 (Tex. App.—San Antonio 2014, no pet.). When a
notice of appeal is filed late in a criminal case, we must dismiss the appeal. Slaton
v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Accordingly, the appeal is
dismissed for lack of jurisdiction.
APPEAL DISMISSED.
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STEVE McKEITHEN
Chief Justice
Submitted on August 30, 2016
Opinion Delivered August 31, 2016
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.
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