Humberto Leal, Jr. v. State ( 2008 )

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MEMORANDUM OPINION
No. 04-08-00818-CR
Humberto LEAL, Jr.,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 1994-CR-4696
Honorable Maria Teresa Herr, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: December 23, 2008
DISMISSED FOR WANT OF JURISDICTION
This appeal concerns the denial of appellant’s request for post-conviction DNA testing. See
TEX . CODE CRIM . PROC. ANN . arts. 64.01-.05 (Vernon Supp. 2008). Because this court has no
jurisdiction over this appeal, we dismiss the appeal for want of jurisdiction.
Appellant was convicted of capital murder and sentenced to death for the slaying of Adria
Sauceda. Appellant subsequently filed a motion for DNA testing pursuant to chapter 64 of the Texas
Code of Criminal Procedure. The trial court denied appellant’s motion, and he brought this appeal.
04-08-00818-CR
Under the plain language of the statute, a person convicted of a capital crime and sentenced
to death must appeal the denial of a request for DNA testing directly to the court of criminal appeals.
Id. art. 64.05 (“An appeal under this chapter is to a court of appeals in the same manner as an appeal
of any other criminal matter, except that if the convicted person was convicted in a capital case and
was sentenced to death, the appeal is a direct appeal to the court of criminal appeals.”). This appeal
therefore should have been filed in the court of criminal appeals. The proper remedy in this case is
to dismiss the appeal for want of jurisdiction and to instruct the Clerk of this court to deliver the
record to the court of criminal appeals for filing.
Based on the foregoing, the appeal is dismissed for want of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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