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Blair Alan Blanchette v. State
Citation: Not availableDocket: 02-02-00381-CR
Court: Court of Appeals of Texas; August 29, 2003; Texas; State Appellate Court
Blair Alan Blanchette was convicted of sexual assault of a child under seventeen years old and sentenced to eight years of confinement, probated for eight years. After the trial court revoked his probation, Blanchette sought post-conviction DNA testing and was granted appointed counsel for this purpose. However, the State filed an untimely response to his request for counsel, leading the trial court to deny appointed counsel, stating that identity was not an issue in the case. This action was taken without Blanchette's consent, which the court lacked the authority to do. On appeal, Blanchette's main contention was regarding the denial of his post-conviction motion for DNA testing. However, the court noted that no such motion had been filed or ruled upon, resulting in a lack of a final appealable order. Consequently, the appeal was dismissed for want of jurisdiction. The opinion underscored the principle that a trial court cannot unilaterally remove counsel it appointed, as established in precedent. The case was dismissed on August 29, 2003, by a panel including Judges Dauphinot, Cayce, and Day.