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Click here for the full text of this decision FACTS:After pleading true to aggravated sexual assault of a child, R.J.M. received a ten-year determinate sentence. R.J.M. filed a motion asking the juvenile court to appoint counsel to assist him in filing a motion for forensic DNA testing pursuant to Article 64.01(c) of the Texas Code of Criminal Procedure. The juvenile court found “there are no reasonable grounds for a motion [for forensic DNA testing] to be filed” and denied the motion. R.J.M. appealed. HOLDING:Dismissed. In general, the right of appeal in juvenile proceedings is controlled by Texas Family Code �56.01. The Texas Legislature has expressly authorized appeals by one or another of the parties of certain other juvenile court orders. None of these statutes expressly authorizes a juvenile to appeal a motion asking a juvenile court to appoint counsel to assist in filing a post-adjudication motion for forensic DNA testing. Nor does Chapter 64 of the Texas Code of Criminal Procedure, which governs motions for forensic DNA testing and related appeals in criminal cases. Such authority may not be implied. As a general rule, because delinquency proceedings are civil in nature, the Texas Code of Criminal Procedure does not apply unless the Legislature evinces a contrary intent. The Legislature has not evinced a contrary intent in chapter 64; in fact, all orders that may be appealed under article 64.05 are orders of a convicting court. A juvenile court is not a convicting court. OPINION:Duncan, J.; Duncan, Angelini and Marion, J.J.

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