Rodney Earl Miller v. State ( 2015 )


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  • Opinion filed May 14, 2015
    In The
    Eleventh Court of Appeals
    ___________
    No. 11-15-00099-CR
    ___________
    RODNEY EARL MILLER, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 244th District Court
    Ector County, Texas
    Trial Court Cause No. C-29,905
    MEMORANDUM OPINION
    The documents on file in this case reflect that Rodney Earl Miller, Appellant,
    was convicted in 2011 for the offense of sexual assault of a child. In his notice of
    appeal, Appellant indicated that he was appealing the trial court’s denial of
    Appellant’s request for the appointment of an attorney to represent Appellant in a
    proceeding under Chapter 64 of the Texas Code of Criminal Procedure. TEX. CODE
    CRIM. PROC. ANN. ch. 64 (West Supp. 2014) (relating to postconviction forensic
    DNA testing). We dismiss the appeal.
    This court wrote Appellant on April 29, 2015, and informed him that it did
    not appear that a final, appealable order had been entered. We requested that
    Appellant respond and show grounds to continue the appeal. Appellant has filed a
    response but has not shown grounds upon which this appeal may be continued. The
    order from which Appellant attempts to appeal is not an immediately appealable
    order, and we have no jurisdiction to consider it at this time. See Gutierrez v. State,
    
    307 S.W.3d 318
    , 323 (Tex. Crim. App. 2010).                            Consequently, we have no
    jurisdiction to entertain this appeal.1 
    Id. This appeal
    is dismissed for want of jurisdiction.
    PER CURIAM
    May 14, 2015
    Do not publish. See TEX. R. APP. P. 47.2(b).
    Panel consists of: Wright, C.J.,
    Willson, J., and Bailey, J.
    1
    We note that Appellant’s complaint has become moot; the trial court provided this court with an
    order dated May 7, 2015, in which the trial court appointed an attorney to represent Appellant in the Chapter
    64 proceeding. See CRIM. PROC. art. 64.01(c).
    2
    

Document Info

Docket Number: 11-15-00099-CR

Filed Date: 5/14/2015

Precedential Status: Precedential

Modified Date: 10/16/2015