Eustorgio Guzman Resendez v. State ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00316-CR
Eustorgio Guzman RESENDEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 229th Judicial District Court, Starr County, Texas
Trial Court No. 91-CR-43-B
Honorable Gilberto Hinojosa, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: August 1, 2018
DISMISSED FOR LACK OF JURISDICTION
Appellant Eustorgio Guzman Resendez challenges the trial court’s “failure to appoint
counsel under Texas Code of Criminal Procedure chapter 64.01(c) and failure … to rule on DNA
Motion.” Because the clerk’s record does not contain a final appealable order, we ordered
appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant
did not respond.
Article 64.01 provides for an appeal only of a finding under article 64.03 or 64.04 of the
Code of Criminal Procedure (relating to an order for forensic testing and whether the results are
04-18-00316-CR
favorable to the convicted person). TEX. CODE CRIM. PROC. ANN. art. 64.05 (West 2018). There
is no provision for a direct appeal of the trial court’s failure to appoint counsel. See Winters v.
Presiding Judge of Crim. Dist. Ct. No. Three of Tarrant Cty., 118 S.W.3d 773, 774 (Tex. Crim.
App. 2003); Neveu v. Culver, 105 S.W.3d 641, 642-43 (Tex. Crim. App. 2003); Fry v. State, 112
S.W.3d 611, 613 (Tex. App.—Fort Worth 2003, pet. ref’d). Thus, there is no appealable order
before this court, and we have no jurisdiction to consider the appeal. See Fry, 112 S.W.3d at 613;
McIntosh v. State, 110 S.W.3d 51, 52-53 (Tex. App.—Waco 2002, no pet.). Accordingly, we
dismiss this appeal for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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