COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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IN RE: DONNY L. BRETZ
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No. 08-02-00538-CR
AN ORIGINAL PROCEEDING IN
MANDAMUS |
OPINION ON PETITION FOR WRIT OF MANDAMUS
Relator Donny L. Bretz seeks a writ of mandamus compelling the trial court to appoint him an attorney to assist with the filing of a motion for forensic DNA testing. See Tex. Code Crim. Proc. Ann. art. 64.01(c) (Vernon Supp. 2003). Bretz claims that he filed a motion requesting counsel and that the trial court denied the motion without conducting a hearing. Bretz has not, however, provided this Court with a certified or sworn copy of the trial court=s order denying the motion. See Tex. R. App. P. 52.3(j)(1)(A). Accordingly, the petition for writ of mandamus is denied without prejudice. This denial does not constitute a ruling on the merits of Bretz=s complaint.
January 30, 2003
RICHARD BARAJAS, Chief Justice
Before Panel No. 4
Barajas, C.J., Larsen, and McClure, JJ.
(Do not publish)