In re Sylvester Majors--Appeal from 299th District Court of Travis County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-06-00091-CR In re Sylvester Majors FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT NO. 925573, HONORABLE JON N. WISSER, JUDGE PRESIDING MEMORANDUM OPINION Sylvester Majors is serving the prison sentence imposed following his conviction for aggravated robbery.1 In September 2005, he filed his pro se Defendant Motion Requesting Forensic DNA Testing. See Tex. Code Crim. Proc. Ann. art. 64.01 (West Supp. 2005). One month later, the district court signed and filed a written order overruling Applicant s Motion for Appointment of Counsel to file motion for DNA Testing. 2 Majors filed a notice of appeal. In his brief to this Court, Majors urges that his request for DNA testing was erroneously denied. The order from which Majors appeals is not a ruling on his motion requesting forensic DNA testing. The record before us does not reflect any ruling by the district court on appellant s motion requesting forensic DNA testing. Without a ruling in the record, there is nothing before us 1 The conviction was affirmed in Majors v. State, No. 03-93-00239-CR (Tex. App. Austin Apr. 20, 1994, pet. ref d) (not designated for publication). 2 There is no motion for appointment of counsel in the record before us. for review with respect to appellant s motion requesting forensic DNA testing. There is no appealable order before us. See Neveu v. Culver, 105 S.W.3d 641, 643 (Tex. Crim. App. 2003). The appeal is dismissed.3 __________________________________________ G. Alan Waldrop, Justice Before Justices B. A. Smith, Puryear and Waldrop Dismissed Filed: August 9, 2006 Do Not Publish 3 The State s motion to abate the appeal is overruled. 2