James Owen Spurlock v. The State of Texas--Appeal from 402nd Judicial District Court of Wood County
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-10-00215-CR ______________________________ JAMES OWEN SPURLOCK, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 402nd Judicial District Court Wood County, Texas Trial Court No. 19,457-2006 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Moseley MEMORANDUM OPINION James Owen Spurlock has filed a pro se notice of appeal, claiming to appeal from the trial court s denial of his post-conviction motion for DNA testing. We have now received the supplemental clerk s record containing the order signed by the trial court on December 22, 2010. That order only denies Spurlock s request for appointment of counsel because the trial court did not find reasonable grounds existed for the motion; it does not deny Spurlock s motion for post-conviction DNA testing itself. The Texas Court of Criminal Appeals has recently held in Gutierrez that an order denying appointed counsel under Article 64.01(c) of the Texas Code of Criminal Procedure is not an appealable order under Texas Rule of Appellate Procedure 25.2(a)(2). Gutierrez v. State, 307 S.W.3d 318, 319, 323 (Tex. Crim. App. 2010); see TEX. R. APP. P. 25.2(a)(2); TEX. CODE CRIM. PROC. ANN. art. 64.01(c) (Vernon Supp. 2010). We dismiss this appeal for want of jurisdiction. Bailey C. Moseley Justice Date Submitted: Date Decided: January 5, 2011 January 6, 2011 Do Not Publish 2
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