Opinion issued July 8, 2004
In The
Court of Appeals
For The
First District of Texas
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NO. 01-04-00613-CR
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IN RE ABRAHAM CAMPOS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Abraham Campos, filed in this Court a pro se motion for leave to file petition for writ of mandamus and the petition, requesting that we order the Honorable Robert May to appoint counsel to represent him on a motion for forensic DNA testing of evidence that relator filed in December 2002 in cause number 26,947. Relator further requests that we order respondent to rule on the motion.
We grant the motion for leave to file petition for writ of mandamus. We deny relief.
A motion for forensic DNA testing of evidence must be filed in the convicting court. Tex. Code Crim. Proc. Ann. art. 64.01(a) (Vernon Pamph. 2004). Relator was convicted in the 23rd District Court, Brazoria County, of murder in cause number 26,947. Campos v. State, 946 S.W.2d 414, 415 (Tex. App.—Houston [14th Dist.] 1997, no pet.). The presiding judge of the 23rd District Court is the Honorable Ben Hardin. Therefore, respondent, Judge Robert May, has no duty to appoint counsel to represent relator or rule on any motion for forensic DNA testing of evidence that relator filed from his conviction in cause number 26,947.
We also note that relator did not provide this Court with a sufficient record to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); Tex. R. App. P. 52.7(a)(1).
Therefore, the petition for writ of mandamus is denied.
PER CURIAM
Panel consists of Chief Justice Radack, and Justices Keyes and Bland.
Do not publish. Tex. R. App. P. 47.2(b).