Order entered July 27, 2017
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00784-CR
STEPHEN TIMMS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F06-00155-WQ
ORDER
Stephen Timms has filed a timely notice of appeal from the trial court’s May 12, 2016
order denying DNA testing. We ORDER the trial court to conduct a hearing to determine
whether appellant is entitled to court-appointed counsel in this appeal. If the trial court finds that
appellant is entitled to court-appointed counsel, we ORDER the trial court to appoint an attorney
to represent appellant in the appeal. If the trial court finds that appellant is not entitled to court-
appointed counsel, the trial court shall determine whether appellant will retain counsel to
represent him in the appeal and, if so, the name, State Bar number, and contact information for
retained counsel.
We ORDER the trial court to transmit a record of the hearing, including findings of fact,
any orders, and any supporting documentation, to this Court within THIRTY DAYS of the date
of this order.
We ABATE the appeal to allow the trial court to comply with the order. The appeal will
be reinstated thirty days from the date of this order or when the findings are received, whichever
is earlier.
/s/ LANA MYERS
JUSTICE