Opinion
No. 05-10-01336-CR
Opinion issued January 25, 2011. DO NOT PUBLISH. Tex. R. App. P. 47.
On Appeal from the Criminal District Court No. 2 Dallas County, Texas, Trial Court Cause No. F95-02453-QI.
Before Chief Justice WRIGHT and Justices FRANCIS and MYERS.
MEMORANDUM OPINION
James Arnette Roughley filed a motion for post-conviction DNA testing and a motion to appoint counsel. We adopted the trial court's finding that the only order the trial court issued was in regard to the appointment of counsel and no ruling on the merits of the motion for post-conviction DNA testing. We conclude we lack jurisdiction over this appeal. Generally, appellate courts may consider appeals by criminal defendants only after conviction. Wright v. State, 969 S.W.2d 588, 589 (Tex. App.-Dallas 1998, no pet.). Intermediate appellate courts have no jurisdiction to review interlocutory orders absent express authority. See Ex parte Apolinar, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); Wright, 969 S.W.2d at 589. An order denying appointment of counsel for post-conviction DNA testing is not an appealable interlocutory order. Gutierrez v. State, 307 S.W.3d 318, 323 (Tex. Crim. App. 2010). We dismiss the appeal for want of jurisdiction.