Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Frank Joseph, Jr., Appellant v. The State of Texas, Appellee
MEMORANDUM OPINION
Appellant Frank Joseph, Jr., has filed pro se notices of appeal from the district court's orders denying his motions for DNA testing. The orders were signed by the district court on April 14, 2015. Joseph's notices of appeal were filed on November 12, 2015.
In a criminal case, the notice of appeal must be filed within 30 days after the day the trial court enters an appealable order.1 Joseph's notices of appeal are untimely. Absent a timely filed notice of appeal, this Court lacks jurisdiction to dispose of an appeal in any manner other than by dismissing it for want of jurisdiction.2 Accordingly, we dismiss the appeals for want of jurisdiction.3
FOOTNOTES
1. See Tex.R.App. P. 26.2(a)(1).
2. See Slaton v. State, 981 S.W.2d 208 (Tex.Crim.App.1998); Olivo v. State, 918 S.W.2d 519 (Tex.Crim.App.1996).
3. In each appeal, Joseph has filed a pro se “motion for correction of remediable errors.” Because we lack jurisdiction over these appeals, we dismiss those motions as moot.
Bob Pemberton, Justice
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Docket No: NO. 03–15–00711–CR, NO. 03–15–00712–CR
Decided: December 17, 2015
Court: Court of Appeals of Texas, Austin.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)