Aurelio Flores v. The State of Texas--Appeal from 144th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-03-00304-CR

Aurelio FLORES,

Appellant

v.

The STATE of Texas,

Appellee

From the 144th Judicial District Court, Bexar County, Texas

Trial Court No. 1992-CR-4289-A

Honorable Mark R. Luitjen, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: June 25, 2003

DISMISSED FOR LACK OF JURISDICTION

Appellant appeals from the trial court's denial of his request for forensic DNA testing. On April 2, 2003, appellant filed a notice of appeal in the trial court. The notice of appeal indicated the appeal was to the Court of Criminal Appeals. On June 11, 2003, appellant filed a motion to dismiss this appeal, asking that this court forward his notice of appeal to the Clerk of the Court of Criminal Appeals. This court does not have jurisdiction over an appeal from a denial of a request for forensic DNA testing if the appellant, such as here, was convicted in a capital case. See Tex. Code Crim. Proc. Ann. art. 64.05 (Vernon Supp. 2003). Accordingly, the motion is granted, and the appeal is dismissed. The Clerk of this court is directed to forward appellant's notice of appeal to the Clerk of the Court of Criminal Appeals.

PER CURIAM

DO NOT PUBLISH