*1 RECEIVED IN ~ 3 002S -Q3 COURT OF CRIMINAl APPEAL~ . DEC 0 8 2m5 .. •• I
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\ --------~]I·~o ______________ __ *4 . : ~· P.O. Box 1707 *Quitman, TX 75783 *Phone: 903-763~~J61 *fax: 903-763-1511 November 1ih, 2015
Warren Keith Rodgers #1 0727 40
Barry Telford Unit 3899
State Hwy 98
New Boston, Texas 75570
·•'', ' Re: Cause No. 16,648-20018 (Application for Writ of Habeas Corpus) THE STATE OF TEXAS VS. WarrenKeith Rodgers
Mr. !'Rodgers,
This letter is to inform you regarding your Application for Writ pfHabeas Corpus, that no answer has been filed by the District Attorney and your case was appealed to the Crimina/Court of Appeals in Austin, Texas oti November_ 17th.._, 2015. ..
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/ *8 ~· JIM WHEELER, CRIMINAL DISTRICT ATTORNEY
WOOD COUNTY, TEXAS * P. 0. BOX 689 *QUITMAN, TX 75783 * 903-763-4515 *FAX: 903-763-5105 *
November 16, 2015
Warren K. Rodgers # 1 072 7 40
Barry Telford Unit
3899 State Hwy 98
New Boston, TX 75570
Dear Mr. Rodgers,
In response to your letter dated November 2, 2015, you request this office to "conduct a DNA test..." which by statute is not a function of the District Attorney, rather by statute is the responsibility of the District Court. I further note that you have included a document entitled "Motion Requesting for Forensic DNA Testing of Evidence Containing Biological Material Pursuant to Art. 64.01 ",in the Writ package that you filed with the trial court.
As the granting or denying of DNA testing pursuant to the provisions of Tex. Code Crim. Proc., Art. 64.01, et. s~q., is a judicial function, the State will await the Court's preliminary ruling to respond to your motion. Depending on that ruling, the State will file, if required, an appropriate re~ponse. ·
Cordially yours,
hw/dm
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