Rodney Gowans v. State

COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
ORDER
Appellate case name: Rodney Gowans v. The State of Texas
Appellate case number: 01-19-00902-CR
Trial court case number: 13300
Trial court: 12th District Court of Grimes County
Appellee, the State of Texas, has filed a motion to strike appellant’s brief,
asserting that because appellant’s conviction was affirmed1 by this Court in 1999,
appellant is not entitled to “an additional appeal” in this cause.
Appellant’s appeal stems from the trial court’s denial on October 28, 2019 of his
motion for DNA testing. Appellant timely filed his notice of appeal of the trial court’s
ruling. Requests for post-conviction DNA testing may be challenged on appeal. TEX.
CODE CRIM. PRO. art. 64.05; Caddie v. State, 176 S.W.3d 286, 289 (Tex. App.—Houston
[1st Dist.] 2004, pet. ref'd). Accordingly, appellee’s motion is denied.
It is so ORDERED.
Judge’s signature: _________/s/ Russell Lloyd_________________
Acting individually
Date: March 5, 2020
1
Gowans v. State, 995 S.W.2d 787 (Tex. App.—Houston [1st Dist.] 1999, pet. ref'd).