Opinion
No. 10-14-00212-CR
08-07-2014
IN RE TERRY LEE NELSON
Original Proceeding
From the 13th District Court Navarro County, Texas
Trial Court No. 32,660-CR
MEMORANDUM OPINION
In what we are treating as an original proceeding, Terry Lee Nelson has filed a "motion for forensic DNA testing after conviction." We dismiss the motion for lack of jurisdiction; such a motion is to be filed in the convicting court. See TEX. CODE CRIM. PROC. ANN. art. 64.01(a-1) (West Supp. 2013) (providing for filing of motion for DNA testing in convicting court).
The motion lacks proof of service. A copy of all documents presented to the Court must be served on all parties (i.e., the district attorney) and must contain proof of service. TEX. R. APP. P. 9.5, 52.2. To expedite this matter, we implement Rule of Appellate Procedure 2 to suspend these requirements. Id. 2.
REX D. DAVIS
Justice
Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Dismissed
Opinion delivered and filed August 7, 2014
Do not publish
[OT06]