Fourth Court of Appeals San Antonio, Texas July 17, 2018 No. 04-18-00456-CR Henry T. GARLAND, Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2001CR7086 Honorable Catherine Torres-Stahl, Judge Presiding

ORDER Henry T. Garland filed a notice of appeal from the trial court’s May 4, 2018 order denying Garland’s request for appointment of counsel pursuant to Chapter 64 of the Texas Code of Criminal Procedure. The clerk’s record has been filed.

The trial court’s decision to deny a request for appointed counsel to assist in filing a motion for DNA testing under Chapter 64 is not an appealable order. See Whitfield v. State, 430 S.W.3d 405, 408 n. 11 (Tex. Crim. App. 2014); Ex parte Gutierrez, 337 S.W.3d 883, 889 (Tex. Crim. App. 2011). We therefore order appellant to show cause by August 1, 2018 why this appeal should not be dismissed for lack of jurisdiction.

_________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of July, 2018.

___________________________________ Keith E. Hottle Clerk of Court