Opinion
No. 04-06-00556-CV
Delivered and Filed: September 6, 2006.
This proceeding arises out of Cause No. 92-0654-CR, styled The State of Texas v. Juan Placencia, filed in the 25th Judicial District Court, Guadalupe County, Texas.
Petition for Writ of Mandamus Denied.
Sitting: Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
On August 18, 2006, relator filed a petition for writ of mandamus, complaining of the trial court's order denying his motion for DNA testing and for appointment of counsel. Relator asserts the trial court was required to appoint counsel for him upon only a showing that he was indigent and that he intends to file a motion under Texas Code of Criminal Procedure chapter 64 requesting DNA testing. Relator's argument ignores the plain language of article 64.01, which provides that three requirements must be met before counsel is appointed: (1) the person informs the court that he wishes to submit a motion under chapter 64, (2) the court finds reasonable grounds for a motion to be filed, and (3) the court determines that the person is indigent. Tex. Code Crim. P. art. 64.01(c) (Vernon Supp. 2006). Here, the court specifically found that there were no reasonable grounds alleged for the motion to be filed.
Relator pled guilty to aggravated assault. Article 64.01 allows a convicted person to "submit to the convicting court a motion for forensic DNA testing of evidence containing biological material." Id. at art. 64.01(a). Here, relator's affidavit states no evidence was obtained in relation to his criminal prosecution that consisted of biological material. One of the conditions that must be met before a trial a trial court may order DNA testing is that the court finds testable biological evidence still exists and has not been altered or tampered with. Id. at art. 64.03(a)(1)(A)(i). Because relator admitted no biological evidence exists, he failed to meet the requirements of chapter 64.
For these reasons, we conclude relator is not entitled to the relief sought. Therefore, the petition is DENIED. Tex.R.App.P. 52.8(a).