IN THE TENTH COURT OF APPEALS No. 10-14-00212-CR IN RE TERRY LEE NELSON

Original Proceeding

From the 13th District Court Navarro County, Texas Trial Court No. 32,660-CR

MEMORANDUM OPINION

In what we are treating as an original proceeding,1 Terry Lee Nelson has filed a “motion for forensic DNA testing after conviction.” We dismiss the motion for lack of jurisdiction; such a motion is to be filed in the convicting court. See TEX. CODE CRIM.

PROC. ANN. art. 64.01(a-1) (West Supp. 2013) (providing for filing of motion for DNA testing in convicting court).

The motion lacks proof of service. A copy of all documents presented to the Court must be served on all parties (i.e., the district attorney) and must contain proof of service. TEX. R. APP. P. 9.5, 52.2. To expedite this matter, we implement Rule of Appellate Procedure 2 to suspend these requirements. Id. 2.

REX D. DAVIS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Dismissed Opinion delivered and filed August 7, 2014 Do not publish [OT06]

In re Nelson Page 2