Bright v. State

OPINION ON JURISDICTION

Appellant James Warren Bright filed notice of appeal from an order of the trial court denying his motion for appointment of counsel in a proceeding for forensic DNA testing pursuant to Chapter 64 of the Code of Criminal Procedure. 1 The record does not indicate appellant has filed a motion for DNA testing supported by affidavit. See Tex.Code Crim. Proc. art. 64.01(a) (Vernon Supp. 2008). Thus we questioned whether our appellate jurisdiction extends to the immediate appeal of an order denying appointment of counsel in a Chapter 64 proceeding. On our own motion, we abated…