Marvin Lee Wilson v. The State of Texas--Appeal from 252nd District Court of Jefferson County
Annotate this CaseIN THE
TENTH COURT OF APPEALS
No. 10-02-182-CR
MARVIN LEE WILSON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 252nd District Court
Jefferson County, Texas
Trial Court # 63490
MEMORANDUM OPINION
A jury convicted Marvin Lee Wilson of capital murder and assessed the death penalty. The Court of Criminal Appeals affirmed his conviction. See Wilson v. State, 7 S.W.3d 136 (Tex. Crim. App. 1999). Wilson filed a post-conviction motion for forensic DNA testing under chapter 64 of the Code of Criminal Procedure. Tex. Code Crim. Proc. Ann. ch. 64 (Vernon 1997). The trial court denied the motion, and Wilson appealed to the Beaumont Court of Appeals. Pursuant to a docket equalization order, the case was transferred to this Court on June 18, 2002.
The Court of Criminal Appeals has notified this Court that it has docketed Wilson s appeal. The Court requests that we provide it with copies of the documents on file in this Court.
The Court of Criminal Appeals has jurisdiction over an appeal from a trial court s ruling on a chapter 64 DNA motion in a death penalty case. Id. 64.05; Kutzner v. State, 75 S.W.3d 427, 431-32 (Tex. Crim. App. 2002). This Court does not. Id. Accordingly, we dismiss Wilson s appeal in this Court for want of jurisdiction. This clerk of this court is ordered to forward copies of all documents in this court s file to the Court of Criminal Appeals.
PER CURIAM
Before Chief Justice Davis,
Justice Vance, and
Justice Gray
Appeal dismissed for want of jurisdiction
Opinion delivered and filed August 7, 2002
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