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Torres v. State

COURT OF CRIMINAL APPEALS OF TEXAS
Jun 12, 2019
NO. PD-0110-19 (Tex. Crim. App. Jun. 12, 2019)

Opinion

NO. PD-0110-19

06-12-2019

PAUL TORRES, Appellant v. THE STATE OF TEXAS


ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW FROM THE ELEVENTH COURT OF APPEALS GAINES COUNTY

Per curiam. KELLER, P.J., and KEASLER, J., concurred. ORDER

On September 10, 2018, Appellant filed a motion for DNA testing under Article 64.05 of the Texas Code of Criminal procedure. The trial court denied the motion the same day. Appellant claims that he did not receive notice of the trial court's order. In October 2018, he wrote to the trial court to inquire about the motion. In November 2018, the trial court informed Appellant that it had already denied the motion. Appellant filed his notice of appeal on November 26, 2018. The Court of Appeals determined that Appellant's notice of appeal was untimely under Tex. R. App. P. 26.2(a) and dismissed the appeal.

Appellant filed this petition for discretionary review arguing that he did not receive timely notice of the trial court's order denying his motion. He contends that his appeal should be considered because he filed a notice of appeal as soon as he received notice of the trial court's order. Appellant's notice of appeal was untimely. Tex. R. App. P. 26.2(a)(1). Accordingly, we refuse his petition for discretionary review.

Appellant may seek further recourse for his claim by refiling his motion for DNA testing with the trial court. Ex parte Suhre, 185 S.W.3d 898 (Tex. Crim. App. 2006). If Appellant does not receive timely notice of the trial court's ruling on his re-filed motion, he may now seek an extension of time to file his notice of appeal so long as he is made aware of the trial court's order within 120 days of the trial court signing it. Tex. R. App. P. 4.6.

It is so ordered this 12th day of June, 2019. Filed: June 12, 2019 Publish


Summaries of

Torres v. State

COURT OF CRIMINAL APPEALS OF TEXAS
Jun 12, 2019
NO. PD-0110-19 (Tex. Crim. App. Jun. 12, 2019)
Case details for

Torres v. State

Case Details

Full title:PAUL TORRES, Appellant v. THE STATE OF TEXAS

Court:COURT OF CRIMINAL APPEALS OF TEXAS

Date published: Jun 12, 2019

Citations

NO. PD-0110-19 (Tex. Crim. App. Jun. 12, 2019)

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