IN THE

TENTH COURT OF APPEALS

No. 10-04-00206-CR

Cosme Mendez,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the 54th District Court

McLennan County, Texas

Trial Court # 1999-851-C

Cosme Mendez is appealing the trial court’s denial of his motion for postconviction DNA testing and his request for appointment of counsel to file said motion under the provisions of chapter 64 of the Code of Criminal Procedure.  See Tex. Code Crim. Proc. Ann. arts. 64.01-.05 (Vernon Supp. 2004-2005).   On December 8, 2004, we abated this cause to the trial court to determine whether Mendez was entitled to appointment of counsel for filing his motion for postconviction DNA testing.  On January 12, 2005, the trial court issued an order that Mendez is entitled to appointed counsel to file his motion for postconviction DNA testing and appointed attorney Walter Reaves, Jr. to file said motion.

We lift the abatement and reinstate the appeal on our docket.  Because Mendez was entitled to appointed counsel to file his motion and he did not receive appointed counsel, we reverse the trial court’s denial of his motion and remand for further proceedings consistent with this opinion.

                                                                        PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Abatement lifted, appeal reinstated, reversed, and remanded

Opinion delivered and filed February 16, 2005

Do not publish

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