Finnis Davis II v. State

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-16-00048-CR

FINNIS DAVIS II APPELLANT V.

THE STATE OF TEXAS STATE

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FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 1199412D ----------

MEMORANDUM OPINION1 ----------

Appellant Finnis Davis II attempts to appeal from the trial court’s order denying his motion for appointed counsel to file a postconviction motion for DNA testing. In its order, the trial court denied Appellant’s motion for appointed counsel because it found that “there are no reasonable grounds for a Motion for DNA Testing under Chapter 64.”2 We notified Appellant of our concern that we lack jurisdiction over this appeal because an order denying the appointment of counsel to file a postconviction DNA motion is not immediately appealable.3 We stated that this appeal could be dismissed absent a response showing grounds for continuing it. Appellant’s response does not provide grounds that would allow this interlocutory appeal. We therefore dismiss this appeal.4

PER CURIAM PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: April 7, 2016