Opinion
No. 04-06-00679-CV
Delivered and Filed: November 15, 2006.
This proceeding arises out of Cause No. 2000-CR-2205, styled State of Texas v. Ryan Thomas Wright, pending in the 186th Judicial District Court, Bexar County, Texas, the Honorable Maria Teresa Herr presiding.
Petition for Writ of Mandamus Denied.
Sitting: Catherine STONE, Justice, Sarah B. DUNCAN, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
Relator Ryan Thomas Wright complains of the trial court's order denying his request for appointment of counsel to submit a motion for DNA forensic testing under article 64.01 of the Texas Code of Criminal Procedure. Wright, who pleaded guilty to aggravated sexual assault, asks us to compel the trial court to appoint counsel to assist him in pursuing his motion. Three requirements must be met before counsel must be appointed in an article 64.01 proceeding: (1) the convicted person informs the convicting court of his intent to submit a DNA testing motion; (2) the court finds reasonable grounds for a motion to be filed; and (3) the court determines the person is indigent. See Tex. Crim. Proc. Code Ann. art. 64.01(c) (Vernon Supp. 2006). Here, attached to Wright's mandamus petition is the trial court's order finding that no evidence exists on which to perform forensic DNA testing. Under these circumstances, the trial court could have properly found that reasonable grounds did not exist for Wright to file a DNA testing motion. See In re Lewis, 191 S.W.3d 225, 227-29 (Tex.App.-San Antonio 2005, pet. ref'd) (affirming trial court's denial of article 64.01(c) forensic testing motion and request for appointed counsel when the record failed to show the evidence still existed). We conclude Wright has not shown himself entitled to the relief sought, and therefore, the petition is denied.