Gutierrez, Ruben

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,186

RUBEN GUTIERREZ, Appellant

v.

THE STATE OF TEXAS

ON DIRECT APPEAL FROM CAUSE NUMBER 1998-CR-1391-A

IN THE 107TH DISTRICT COURT CAMERON COUNTY

Keasler, J., delivered the opinion of the Court in which Keller, P.J., Meyers, Price, Womack, Hervey, Holcomb, and Cochran, JJ., joined. Johnson, J., concurred.

O P I N I O N

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…