Erskine L.T. Allen, Jr. v. The State of Texas--Appeal from 137th District Court of Lubbock County
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NO. 07-06-0211-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
FEBRUARY 28, 2007
______________________________
ERSKINE L.T. ALLEN, JR.,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 22580; HON. CECIL G. PURYEAR, PRESIDING
_______________________________
Order Dismissing Appeal
_______________________________
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Erskine L.T. Allen, Jr. (appellant) filed a notice of appeal from the trial court’s order
denying his request for DNA testing pursuant to article 64 of the Code of Criminal
Procedure. However, our review of the record did not disclose a written order nor was a
hearing held wherein the trial court made an oral pronouncement denying appellant’s
request. Our review did find a handwritten notation on appellant’s motions purportedly
written by the trial court stating that no action would be taken. Therefore, we abated the
matter back to the trial court to determine whether a final appealable order had been
rendered in this cause.
A hearing was held by the trial court pursuant to this court’s abatement order.
Furthermore, the trial court made findings which have been filed with this court in a
supplemental clerk’s record. According to the clerk’s record, the trial court found that the
handwritten notation was not a final, appealable order and that appellant’s motion for DNA
testing is still pending.
Accordingly, we dismiss the appeal for lack of jurisdiction. See McIntosh v. State,
110 S.W.3d 51, 52-53 (Tex. App.–Waco 2002, no pet.).
Brian Quinn
Chief Justice
Do not publish.
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