Larson, Louanne

















IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NO. 74,526


LOUANNE LARSON, Appellant



v.



THE STATE OF TEXAS




ON APPELLANT'S DIRECT APPEAL ON

DENIAL OF MOTION FOR FORENSIC DNA TESTING

FROM THE 115TH JUDICIAL DISTRICT COURT

OF MARION COUNTY, TEXAS


Keasler, J., delivered the opinion for a unanimous Court.

O P I N I O N





Louanne Larson was convicted of capital murder and sentenced to life in prison. She filed a motion for forensic DNA testing, which the trial court denied. Larson appeals, arguing that the trial court erred in various respects. We transfer this appeal to the proper court.

We recently held that, when a defendant is convicted of capital murder but not sentenced to death, appeal from the denial of a motion for DNA testing is properly made to the court of appeals. (1) We held that the term "capital case," within the context of former Article 64.05, means a case in which a person is sentenced to death. (2) Because Larson was not sentenced to death in this case, we order that her appeal be transferred to the Sixth District Court of Appeals.



DATE DELIVERED: May 5, 2004

DO NOT PUBLISH

1. Sisk v. State, No. 74,699, slip op. at 9 (Tex. Crim. App., delivered April 7, 2004).

2.

Sisk, No. 74,699, slip op. at 9.