Robert Walker v. The State of Texas--Appeal from 208th District Court of Harris County (per curiam)

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Opinion issued October 20, 2011. In The Court of Appeals For The First District of Texas NO. 01-11-00374-CR ____________ ROBERT WALKER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 208th District Court Harris County, Texas Trial Court Cause No. 919754 MEMORANDUM OPINION Appellant, Robert Walker, has filed a motion for DNA testing and request for appointed counsel which purports to be a notice of appeal. We dismiss. Pursuant to Texas Code of Criminal Procedure Chapter 64, a motion for DNA testing and request for appointment of counsel must be filed in the convicting court. See TEX. CODE CRIM. PROC. ANN. art. 64.01 (a), (c) (West Supp. 2010). Because there is not a final appealable order before this Court, we lack jurisdiction and must dismiss. Accordingly, we dismiss the appeal for lack of jurisdiction. TEX. R. APP. P. 43.2(f). We dismiss all pending motions as moot. PER CURIAM Panel consists of Chief Justice Radack and Justices Bland and Huddle. Do not publish. TEX. R. APP. P. 47.2(b). 2

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