Anthony Scott Brown v. the State of Texas
CourtTexas Court of Appeals, 7th District (Amarillo)
Date FiledAugust 28, 2026
Docket07-26-00365-CR
StatusPublished
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Full Opinion
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-26-00365-CR
ANTHONY SCOTT BROWN, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 47th District Court
Randall County, Texas
Trial Court No. 30,831-A-DNA-2, Honorable Dee Johnson, Presiding
August 28, 2026
MEMORANDUM OPINION
Before DOSS and YARBROUGH and PRATT, JJ.
Appellant, Anthony Scott Brown, proceeding pro se, appeals from the trial court’s
Order Denying Second Motion for Post-Conviction DNA Testing. Because Appellant’s
notice of appeal was not timely filed, we dismiss the appeal for want of jurisdiction.
The trial court signed the Order Denying Second Motion for Post-Conviction DNA
Testing on February 25, 2026. An appeal from an order issued on a motion for forensic
DNA testing is taken in the same manner as an appeal in any other criminal matter. TEX.
CODE CRIM. PROC. art. 64.05. Accordingly, Appellant’s notice of appeal was due thirty
days after the trial court denied his motion for DNA testing, or within ninety days if a timely
motion for new trial was filed. TEX. R. APP. P. 26.2(a). Appellant did not file a motion for
new trial. Therefore, his notice of appeal was due by March 27, 2026. See TEX. R. APP.
P. 26.2(a)(1). Appellant filed a notice of appeal on August 18, 2026. In his notice of
appeal, Appellant asserts that he first received notice of the order on July 30, 2026.
The timely filing of a written notice of appeal is a jurisdictional prerequisite to
hearing an appeal. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). When
a notice of appeal is not timely filed, an appellate court has no authority to do anything
other than dismiss the appeal for want of jurisdiction. Id. Thus, we have no authority to
extend the jurisdictional deadline for filing a notice of appeal. However, Appellant may
be entitled to relief by filing an application for writ of habeas corpus returnable to the Court
of Criminal Appeals for consideration of an out-of-time appeal. See TEX. CODE CRIM.
PROC. art. 11.07.
Appellant’s untimely notice of appeal deprives this Court of jurisdiction. We
therefore dismiss the appeal for want of jurisdiction.
Per Curiam
Do not publish.
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