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FRY v. STATE

No. 2-02-207-CR.

112 S.W.3d 611 (2003)

Bobby Gene FRY, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

June 5, 2003.

Attorney(s) appearing for the Case

Robert Ford, Fort Worth, for Appellant.

Tim Curry, Criminal District Attorney, Charles M. Mallin, Steven W. Conder, Asst. Criminal District Attys., Fort Worth, for State.

Before the court en banc.

OPINION

DIXON W. HOLMAN, Justice.

Appellant appeals the denial of his request for counsel for the purpose of obtaining an order for post-conviction forensic DNA testing pursuant to chapter 64.01 of the code of criminal procedure. Because we hold the order that Appellant seeks to appeal is an interlocutory, unappealable order, we dismiss the appeal for want of jurisdiction.

BACKGROUND

On July 25, 2001, Appellant filed an affidavit of indigency...

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