Opinion
No. 05-15-00006-CR No. 05-15-00007-CR No. 05-15-00008-CR No. 05-15-00009-CR
01-25-2016
GARY WAYNE BARNES SR., Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3 Dallas County, Texas
Trial Court Cause Nos. F80-16530-J, F81-01027-J, F81-01105-J, F81-02518-J
ORDER
The Court REINSTATES the appeals.
On December 17, 2015, this Court ordered the trial court to make findings regarding whether certain documents could be located and also whether the trial court had finally disposed of appellant's motion for post-conviction DNA testing in cause nos. 05-15-00007-CR and 05-15-00008-CR. We ADOPT the following findings: (1) the District Clerk's office located appellant's original motion for post-conviction DNA testing; (2) the motion is attached to the findings as Exhibit A; (3) for trial court numbers F81-01027-J, F81-01105-J, and F81-02518-J, the December 11, 2014 findings attached as Exhibit B constitutes an accurate copy of the trial court's order; (4) there is no order from December 11, 2014 in trial court no. F80-16530-J (cause no. 05-15-00006-CR); (5) the record reflects a hearing was conducted on the motion in trial court no. F80-16530-J and the ruling denying the motion is memorialized in the trial court's July 23, 2009 findings, which are in the record; and (5) on November 11, 2015, the trial court granted appellant's motion for post-conviction DNA testing in trial court nos. F81-01027-J (cause no. 05-15-00007-CR) and F81-01105-J (05-15-00008-CR), the DNA testing is not yet complete, and the cases have not been finally disposed of.
We DENY appellant's January 13, 2016 motion to strike the Anders brief filed by counsel.
We ORDER the parties to file, within FIFTEEN DAYS of the date of this order, supplemental letter briefs addressing whether: (1) the Court has jurisdiction over the appeals in cause nos. 05-15-00007-CR (trial court no. F81-01027-J) and 05-15-00008-CR (F81-01105-J) as the DNA testing has been ordered and the cases are still pending; and (2) whether the Court has jurisdiction over the appeal from the trial court's July 23, 2009 order denying the motion for post-conviction DNA testing in cause no. 05-15-00006-CR (trial court no. F80-16530-J).
All pending deadlines are suspended pending receipt of the jurisdictional letter briefs.
We DIRECT the Clerk to send copies of this order to Nanette Hendrickson and Lori Ordiway.
/s/ CAROLYN WRIGHT
CHIE JUSTICE