Brown, Anthony Ray v. State

l)ISMISS; Opinion issued September 20, 2012

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No. 05-12-00862-CR ANTHONY RAY BROWN, Appellant ‘7. THE STATE OF TEXAS, Appellee On Appeal from the 86th JLldicial District Court Kaufman County, Texas Trial Court Cause No. 21206

MEMORANDUM OPINION

Before Justices Bridges. Francis, and Lang Opinion By Justice Francis

Anthony Ray Browi was convicted of murder and sentenced to life imprisonment. His conviction was affirmed on direct appeal. Brown v. State, No. 05-04-00872-CR (Tex. App.—Dallas Mar. 30. 2005. pet. ref d) (mem. op.) (not designated ror publication) Appellant filed a motion for

. appointment of counsel to pursue a motion for post-conviction DNA testing. The trial court denied the motion for appointment of counsel and this appeal followed.

An order denying appointment of counsel for post-conviction DNA testing is not an appealable order. Gutierrez v. State, 307 S.W.3d 318, 323 (Tex. Crim. App. 2010). We dismiss the appeal for want of jurisdiction,

JUSTICE Do Not Publish TEx. R. App. P. 47 I 20862F.U05

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JUDGMENT

ANTHONY RAY BROWN, Appellant Appeal from the 86th Judicial I)istrict Court of Kaufman County, Texas. (Tr.Ct.No. No. 05-12-00862-CR V. 21206).

Opinion delivered by Justice Francis, Justices THF STATE OF Appellee Bridges and Lang participating.

I3ased on the Court’s opinion of this date. we DISMISS the appeal fhr want of jurisdiction. Judgment entered Septeniber 20, 2012.

MOLLY C’S JUSTICE