Henry T. Garland v. State

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