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Garland v. State

Fourth Court of Appeals San Antonio, Texas
Jul 17, 2018
No. 04-18-00456-CR (Tex. App. Jul. 17, 2018)

Opinion

No. 04-18-00456-CR

07-17-2018

Henry T. GARLAND, Appellant v. The STATE of Texas, Appellee


From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2001CR7086
Honorable Catherine Torres-Stahl, Judge Presiding

ORDER

Henry T. Garland filed a notice of appeal from the trial court's May 4, 2018 order denying Garland's request for appointment of counsel pursuant to Chapter 64 of the Texas Code of Criminal Procedure. The clerk's record has been filed.

The trial court's decision to deny a request for appointed counsel to assist in filing a motion for DNA testing under Chapter 64 is not an appealable order. See Whitfield v. State, 430 S.W.3d 405, 408 n. 11 (Tex. Crim. App. 2014); Ex parte Gutierrez, 337 S.W.3d 883, 889 (Tex. Crim. App. 2011). We therefore order appellant to show cause by August 1, 2018 why this appeal should not be dismissed for lack of jurisdiction.

/s/_________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of July, 2018.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

Garland v. State

Fourth Court of Appeals San Antonio, Texas
Jul 17, 2018
No. 04-18-00456-CR (Tex. App. Jul. 17, 2018)
Case details for

Garland v. State

Case Details

Full title:Henry T. GARLAND, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jul 17, 2018

Citations

No. 04-18-00456-CR (Tex. App. Jul. 17, 2018)