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EX PARTE GUTIERREZ

No. AP-76,406.

337 S.W.3d 883 (2011)

Ex parte Ruben GUTIERREZ, Appellant.

Court of Criminal Appeals of Texas.

May 4, 2011.

Attorney(s) appearing for the Case

Margaret Schmucker , Austin, for Appellant.

Lawrence J. Rabb , Asst. County and Dist. Atty., Brownsville, Lisa C. McMinn , State's Atty., Austin, for State.

OPINION

COCHRAN, J., delivered the opinion of the Court in which MEYERS, WOMACK, JOHNSON, KEASLER and HERVEY, JJ., joined.

Appellant appeals from two trial court orders-the first denying his request for appointed counsel to assist him in filing a motion for post-conviction DNA testing, and the second denying his motion for the testing itself. We will affirm.

I.

Background

Appellant was convicted of capital murder and sentenced...

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