Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00665-CR
Dominique GREEN,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR7880
Honorable Sid L. Harle, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: October 24, 2018
DISMISSED FOR LACK OF JURISDICTION
Appellant filed a notice of appeal in the underlying cause on September 7, 2018. The notice
of appeal states it is a premature filing in the event the trial court denies his Chapter 64 Motion for
DNA Testing and Motion for Appointment of Counsel. A clerk’s record was filed on September
19, 2018. Because the trial court has not ruled on appellant’s motions, we have no jurisdiction to
consider this appeal. See TEX. R. APP. P. 26.2 (providing appellate deadlines run from the day trial
court enters an appealable order).
04-18-00665-CR
By order dated September 20, 2018, we ordered appellant to show cause in writing by
October 4, 2018, why this appeal should not be dismissed for lack of jurisdiction. On October 9,
2018, appellant filed a written response agreeing that this appeal must be dismissed but stressing
his intention was to file a premature notice of appeal in the event he is not notified when the trial
court enters an order on his motions. Because the record does not contain an appealable order
signed by the trial court, this appeal is dismissed for lack of jurisdiction. See id.
PER CURIAM
DO NOT PUBLISH
-2-