Court of Criminal Appeals of Texas April 7, 2004, 74699 (Sisk v. State)

WOMACK, J., delivered the opinion for a unanimous Court.

The issue before us is whether, under the original version of Code of Criminal Procedure article 64.05, appeal is to this court or to a court of appeals in the DNA-testing case of a person who was sentenced to imprisonment for capital murder. We hold that such an appeal is to the court of appeals.