Neal Craig Bellinger v. State ( 2015 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-15-00274-CR
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NEAL CRAIG BELLINGER, Appellant
VS.
THE STATE OF TEXAS, Appellee
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On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 08-03096
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MEMORANDUM OPINION
On July 15, 2015, Neal Craig Bellinger filed a notice of appeal from the trial
court’s order denying his motion for post-conviction DNA testing. The trial court
signed an order denying Bellinger’s post-conviction motion for DNA testing on
June 5, 2015. The notice of appeal was filed with the trial court more than thirty
days after the date the trial court signed the order denying Bellinger’s motion, and
Bellinger did not timely file a request for an extension of time to file his notice of
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appeal. On July 27, 2015, we notified the parties that the notice of appeal did not
appear to have been timely filed. Bellinger did not file a response.
The time for filing an appeal runs from the denial of the post-conviction
motion for DNA testing. See Swearingen v. State, 189 S.W.3d 779, 781 (Tex.
Crim. App. 2006). The notice of appeal was not timely filed. See Tex. R. App. P.
26.2(a)(1). No motion for extension of time was timely filed. See Tex. R. App. P.
26.3(b). It does not appear that Bellinger obtained an out-of-time appeal from the
Court of Criminal Appeals. The Court finds it is without jurisdiction to entertain
this appeal. Accordingly, we dismiss the appeal for want of jurisdiction.
APPEAL DISMISSED.
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LEANNE JOHNSON
Justice
Submitted on August 25, 2015
Opinion Delivered August 26, 2015
Do Not Publish
Before McKeithen, C.J., Kreger and Johnson, JJ.
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