NO. 12-05-00286-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

ROBERT ALLEN BLAGBURN,                       §     APPEAL FROM THE 173RD

APPELLANT

V.                                                                         §     JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE                                                        §     HENDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            On September 15, 2005, Appellant filed a notice of appeal from an order signed on August 29, 2005 denying Appellant’s motion for DNA testing. On September 7, 2005, after considering Appellant’s objections to the August 29 order, the trial court vacated the order Appellant sought to appeal. Accordingly, we dismiss this appeal as moot.

Opinion delivered September 30, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(DO NOT PUBLISH)