Opinion
05-22-00573-CR 05-22-00574-CR
06-21-2022
LAWRENCE ALLEN FULLER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause Nos. F97-01742-J & F97-02170-J
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant filed timely pro se notices of appeal, seeking to challenge the trial court's denial of his motion for DNA testing in the above cases. The clerk's records with the motion for DNA testing, the State's response, the trial court's order, and other documents have been filed in each appeal. According to the trial court's order, no hearing was held. Therefore, it appears there is no reporter's record.
We DIRECT the Clerk to file the clerk's records and reporter's record from appellant's direct appeals, appellate cause numbers 05-97-02125-CR and 05-97-02126-CR, into these appeals.
Appellant filed a motion asking for the appointment of counsel. In the underlying request for DNA testing, the entitlement to appointed counsel is not absolute; rather, it is conditioned on three criteria. Gutierrez v. State, 307 S.W.3d 318, 321 (Tex. Crim. App. 2010). "First, the convicted person must inform the trial judge that he or she wants to submit a motion. Second, the trial judge must find that 'reasonable grounds' exist for the filing of a motion. And third, the trial judge must find that the convicted person is indigent." Id. It follows that a defendant who is not entitled to appointed counsel below is likewise not entitled to appointed counsel on appeal. We therefore DENY appellant's motion for appointed appellate counsel.
Because the appellate record appears complete, we DIRECT the Clerk to send paper copies of the June 14, 2022 and June 15, 2022 clerk's records in the above appeals to appellant at the address on file with the Court.
We ORDER appellant's brief due by August 1, 2022.