James Warren Bright v. The State of Texas--Appeal from 137th District Court of Lubbock County
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NO. 07-03-0079-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
AUGUST 22, 2003
______________________________
JAMES WARREN BRIGHT, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 16,336; HONORABLE CECIL G. PURYEAR, JUDGE
_______________________________
Before REAVIS and CAMPBELL, JJ, and BOYD, S.J.1
Appellant brought this appeal from an order of the trial court denying his motion for
appointment of counsel pursuant to Chapter 64 of the Code of Criminal Procedure to aid
him in his proceeding seeking DNA testing. On May 29, 2003, this court entered its order
1
John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by
assignment. Tex. Gov’t Code Ann. §75.002(a)(1) (Vernon Supp. 2003).
abating the appeal and remanding the matter to the trial court for the purpose of
determining if appellant was indigent and thus entitled to the furnishing of a clerk’s record
and the appointment of an attorney.
We have been advised that the trial court has now found appellant to be indigent
and appointed an attorney to represent him on the DNA application. Thus, the relief for
which appellant sought and was initially denied, has now been afforded him. This appeal
has now become moot.
Accordingly, the appeal is now reinstated and because of its mootness, must be,
and is hereby, dismissed.
John T. Boyd
Senior Justice
Do not publish.
2
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