                                      In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-14-00550-CR
                           ____________________

                    JOE FRANK HORACE SR., Appellant

                                        V.

                       THE STATE OF TEXAS, Appellee

_______________________________________________________            ______________

                  On Appeal from the Criminal District Court
                          Jefferson County, Texas
                           Trial Cause No. 95770
________________________________________________________            _____________

                          MEMORANDUM OPINION

      On December 2, 2014, Joe Frank Horace Sr.’s notice of appeal was filed in

the trial court following the trial court’s October 10, 2014 order denying Horace’s

post-conviction motion requesting DNA testing associated with his 2008 burglary

conviction. We notified the parties that the notice of appeal did not appear to have

been timely filed. Horace filed a response but failed to establish that he filed a

notice of appeal within the time permitted for perfecting his appeal. See Tex. R.


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App. P. 26.2(a), 26.3. We lack jurisdiction to consider the merits of the appeal.

Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Accordingly, we

dismiss the appeal for lack of jurisdiction.

      APPEAL DISMISSED.




                                                  _________________________
                                                       HOLLIS HORTON
                                                            Justice

Submitted on January 20, 2015
Opinion Delivered January 21, 2015
Do Not Publish

Before McKeithen, C.J., Horton and Johnson, JJ.




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