Opinion
No. 05-12-00904-CR
11-28-2012
ANDRES HERRERA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 265th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F08-11091-R
MEMORANDUM OPINION
Before Justices Richter, Lang-Miers, and Myers
Opinion by Justice Myers
Andres Herrera was convicted of aggravated sexual assault with a deadly weapon. Punishment was assessed at seven years' imprisonment and a $2,000 fine. Appellant later filed a motion for post-conviction DNA testing, which was denied. Based on the trial court's findings that appellant has not communicated with counsel and that he has been removed from the United States and returned to his native country, we concluded appellant no longer desires to pursue the appeal. We ordered the appeal submitted without briefs. See Tex. R. App. P. 38.8(b)(4). Absent briefs, no issues are before us.
Finding no fundamental error, we affirm the trial court's order denying the motion for post-conviction DNA testing.
______________________
LANA MYERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
ANDRES HERRERA, Appellant
No. 05-12-00904-CR V.
THE STATE OF TEXAS, Appellee
Appeal from the 265th Judicial District
Court of Dallas County, Texas (Trial Court
No. F08-11091-R).
Opinion delivered by Justice Myers,
Justices Richter and Lang-Miers
participating.
Based on the Court's opinion of this date, we AFFIRM the trial court's order denying appellant's motion for post-conviction DNA testing.
______________________
LANA MYERS
JUSTICE