Gray v. State

ABATEMENT ORDER

Reginald Keith Gray filed a pro se motion for forensic DNA testing under the provisions of newly-enacted chapter 64 of the Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. arts. 64.01-05 (Vernon Supp.2002). The court denied his request, and Gray appealed. Gray claims he is indigent. Because we determine that an indigent person who seeks forensic DNA testing under chapter 64 is entitled to appointed counsel on appeal, we will abate this appeal to the trial court to determine whether Gray is indigent.

To determine whether Gray is potentially entitled to appointment of…