Affirm and Opinion Filed November, 2012

In The Qlourt of ppeat9 jfiftfj itritt of 11exa5 at atta No. 05-12-00904-CR ANDRES HERRERA, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 265th Judicial District Court Dallas County, Texas Trial Court Cause No. F08-11091-R MEMORANDUM OPINION Before Justices Richter, Lang-Miers, and Myers Opinion by Justice Myers Andres 1-lerrera was convicted of aggravated sexual assault with a deadly weapon.

Punishment was assessed at seven years’ imprisonment and a $2,000 fine. Appellant later filed a motion for post-conviction DNA testing, which was denied. Based on the trial court’s findings that appellant has not communicated with counsel and that he has been removed from the United States and returned to his native country, we concluded appellant no longer desires to pursue the appeal. We ordered the appeal submitted without briefs. See Tex. R. App. P. 38.8(b)(4). Absent briefs, no issues are before us.

Finding no fundamental error, we affirm the trial court’s order denying the motion for post-conviction DNA testing.

LANA MY RS JUSTICE Do Not Publish TEx, R. App. P.47 (!uitrt of \ppraIs iftI! Thtrirt of iJixa at Thdta JUDGMENT Appeal from the 265th Judicial District ANDRES HERRERA,, Appellant Court of Dallas County, Texas (Trial Court No. F08-11091-R).

No. 05-1 2-00904-CR V. Opinion delivered by Justice Myers, Justices Richter and Lang-Miers THE STATE OF TEXAS, Appellee participating.

Based on the Court’s opinion of this date, we AFFIRM the trial court’s order denying appellant’s motion for post-conviction DNA testing.

Judgmententered November 28,2012

LANA M ERS JUSTICE