Robert Walker v. State

Opinion

Opinion issued October 20, 2011.

In The

Court of Appeals

For The

First District of Texas

NO. 01-11-00374-CR

____________

robert walker, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court

Harris County, Texas

Trial Court Cause No. 919754

MEMORANDUM OPINION

          Appellant, Robert Walker, has filed a motion for DNA testing and request for appointed counsel which purports to be a “notice of appeal.” 

          We dismiss.

          Pursuant to Texas Code of Criminal Procedure Chapter 64, a motion for DNA testing and request for appointment of counsel must be filed in the convicting court.  See Tex. Code Crim. Proc. Ann. art. 64.01 (a), (c) (West Supp. 2010).  Because there is not a final appealable order before this Court, we lack jurisdiction and must dismiss. 

Accordingly, we dismiss the appeal for lack of jurisdiction.  Tex. R. App. P. 43.2(f).  We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Bland and Huddle.

Do not publish.  Tex. R. App. P. 47.2(b).