IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
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
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DO NOT PUBLISH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.