Opinion
NO. 02-17-00153-CR
08-24-2017
THEODIS DODSON APPELLANT v. THE STATE OF TEXAS STATE
FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY
TRIAL COURT NO. 1072134D MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Theodis Dodson filed a notice of appeal from the trial court's "Order Denying Request for Appointment of Counsel to Assist in Filing a Motion for Forensic DNA Testing," signed November 29, 2016. We informed appellant by letter that the denial of a request for the appointment of counsel to assist in filing a motion for postconviction DNA testing is an interlocutory order that is not immediately appealable. See Gutierrez v. State, 307 S.W.3d 318, 323 (Tex. Crim. App. 2010). Although we gave appellant seventy days to file a response showing grounds for continuing the appeal, he did not do so. Because it appears that there is no final judgment or order subject to appeal, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 26.2(a)(1); Gutierrez, 307 S.W.3d at 323.
/s/ Terrie Livingston
TERRIE LIVINGSTON
CHIEF JUSTICE PANEL: LIVINGSTON, C.J.; WALKER and MEIER, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: August 24, 2017