Gutierrez v. State

OPINION

in which KELLER, P.J., MEYERS, PRICE, WOMACK, HERVEY, HOLCOMB, and COCHRAN, JJ„ joined.

Gutierrez directly appeals the trial judge’s order denying his request for appointed counsel under Texas Code of Criminal Procedure Article 64.01(c) to file a motion for post-conviction DNA testing. We hold that an order denying appointed counsel under Article 64.01(c) is not immediately appealable under Texas Rule of Appellate Procedure 25.2(a)(2). Therefore, we dismiss Gutierrez’s appeal for lack of jurisdiction.

Background

Gutierrez was convicted of capital murder and sentenced to death for his…