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Fort Worth, Texas - Criminal defense lawyer represented defendant with attempts to appeal the trial court’s order denying his motion requesting the appointment of counsel to assist him in obtaining postconviction DNA testing.

Appellant Jose Ruperto Alaniz attempts to appeal the trial court’s order
denying his motion requesting the appointment of counsel to assist him in obtaining
postconviction DNA testing. On September 27, 2021, we notified Alaniz of our
concern that we lack jurisdiction over his appeal because the trial court has not
entered any appealable orders. See Gutierrez v. State, 307 S.W.3d 318, 323 (Tex. Crim.
App. 2010) (holding that the denial of a request for the appointment of counsel to
assist in filing a motion for postconviction DNA testing is an interlocutory order that
is not immediately appealable); see also McKown v. State, 915 S.W.2d 160, 161 (Tex.
App.—Fort Worth 1996, no pet.) (per curiam) (holding that a court of appeals
generally only has jurisdiction to consider an appeal by a criminal defendant from a
judgment of conviction). We informed Alaniz that we could dismiss his appeal for
want of jurisdiction unless he or any party desiring to continue the appeal filed a
response by October 7, 2021, showing grounds for continuing the appeal. See Tex. R.
App. P. 43.2(f), 44.3. Alaniz has not filed a response.

Outcome: Accordingly, we dismiss his appeal for want of jurisdiction.

Plaintiff's Experts:

Defendant's Experts:

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