Opinion
No. 05-03-01086-CR
Opinion issued August 11, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the Criminal District Court No. 3, Dallas County, Texas, Trial Court Cause No. F85-83830-J. DISMISSED
Before Justices MORRIS, WRIGHT, and MOSELEY.
MEMORANDUM OPINION
In this case, Michael D. Williams appeals the trial court's order denying his motion for post-conviction DNA testing. See Tex. Code Crim. Proc. Ann. arts. 64.01-.05 (Vernon Supp. 2003). The trial court judge signed the order denying appellant's motion on March 27, 2003. Therefore, appellant's notice of appeal was due by Monday, April 28, 2003. See Tex.R.App.P. 4.1(a), 26.2(a)(1); Welsh v. State, No. 05-03-00117-CR, slip op. at 3 (Tex.App.-Dallas June 23, 2003, no pet. h.). On June 5, 2003, appellant filed a pro se request for permission to appeal, which the trial court treated as appellant's notice of appeal. Because the June 5, 2003 notice of appeal is untimely, we have no jurisdiction over the appeal. See Welsh, No. 05-03-00117, slip op. at 3; Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 523 (Tex.Crim.App. 1996); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex.App.-Dallas 1998, no pet.). Accordingly, we dismiss the appeal for want of jurisdiction.