WIDENER MICHAEL WEEMS v. THE STATE OF TEXAS (2017)

MEMORANDUM OPINION

Appellant Widener Michael Weems attempts to appeal the trial court's order signed December 20, 2016, denying appellant's request for the appointment of counsel to pursue post-conviction relief under article 64.01 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 64.01(c). The trial court's denial of the request is not an immediately appealable order. See Gutierrez v. State, 307 S.W.3d 318, 323 (Tex. Crim. App. 2010) (holding that appeal from an order denying appellant's request for appointment of counsel under article 64.01(c) is “premature” because “a motion for appointed counsel is a preliminary matter that precedes the initiation of Chapter 64 proceedings”).

Accordingly, we dismiss the appeal for lack of jurisdiction.

PER CURIAM