Heyman Harold Guillory v. State

• Court: Court of Appeals of Texas
• Decided: November 7, 2014
• Docket: 09-14-00437-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ___________________

NO. 09-14-00437-CR ___________________

HEYMAN HAROLD GUILLORY, Appellant

V.

THE STATE OF TEXAS, Appellee __________________________________________________________________

On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 07-00940 __________________________________________________________________

ORDER

This is an appeal from the denial of a pro se motion for DNA testing. See

Tex. Code Crim. Proc. Ann. art. 64.01-.05 (West 2006 & Supp. 2014). On October

16, 2014, Guillory filed a pro se motion for appointment of appellate counsel. The

statutory right to counsel granted by Article 64.01(c) of the Texas Code of

Criminal Procedure extends to the appeal of an order entered under Chapter 64.

Mindieta v. State, 132 S.W.3d 1 (Tex. App.—Amarillo 2002, order).

It is, therefore, ORDERED that the appeal be abated and the cause be

remanded to the trial court. Upon remand, the trial court shall determine whether

1 Guillory is indigent. If Guillory is indigent, the trial court shall appoint counsel to

represent Guillory on appeal. Any hearings conducted by the trial court pursuant to

this order must be recorded. A reporter’s record of such hearings, together with a

clerk’s record containing any orders and findings entered by the trial court in

connection with this order, shall be filed by November 19, 2014. All appellate

timetables are suspended until the supplemental record here ordered has been filed,

or until further order of this Court.

ORDER ENTERED October 23, 2014.

PER CURIAM

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