CAUSE NO. 12345 

STATE OF TEXAS	}{	IN THE DISTRICT COURT

v.	}{	HARRIS COUNTY, TEXAS

JOHN DOE	}{	337th JUDICIAL DISTRICT

DEFENDANT'S MOTION FOR APPROVAL OF EXPENDITURE
FOR INDEPENDENT FORENSIC ANALYSIS

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW JOHN DOE, Defendant in the above-styled and numbered cause, and moves the Court to pre-approve the expenditure of county funds for the payment of an independent forensic analysis of the alleged narcotics with which he is accused of possessing, and in support thereof would show the following:
	I.
Defendant is charged by indictment with the felony offense of Delivery of  a Controlled Substance [cocaine], weighing less than one gram.  If he is found guilty and both enhancement paragraphs are found to be true, Defendant faces a possible punishment of not less than 2 years and not more than 10 years imprisonment.
	II.
Defendant’s arrest was engineered by the Houston Police Department, but the State’s drug analysis was performed by the Harris County Medical Examiner, #13579, and alleged to be “19.9 mg chunk cocaine,” in addition to an alleged pipe that was not re-tested by the lab.

 	III.
Defendant cannot rely on the testing allegedly performed by the State-sponsored lab technicians, nor upon any results of those tests, and contends that an independent analysis is required in order to obtain reliable, trustworthy results.
IV.
Defendant is indigent and lacks the funds to secure such an independent expert by his own means.  See Ake v. Oklahoma, 470 U.S. 68 (1985); McBride v. State, 838 S.W.2d 248 (Tex.Crim.App. 1992); Art. 26.05, V.A.C.C.P.

WHEREFORE, PREMISES CONSIDERED, Defendant prays this Court will pre-approve the expenditure of county funds to procure an independent forensic analysis in preparation of his defense.
	Respectfully submitted,

	______________________________
	ATTORNEY FOR DEFENDANT

I hereby certify that a true and correct copy of the foregoing Motion was hand-delivered to an Assistant District Attorney assigned to the 337th District Court of Harris County, Texas, on this the ___ day of December, 2003.

	_______________________________
	Attorney for Defendant

CAUSE NO. 12345

v.	}{		HARRIS COUNTY, TEXAS

JOHN DOE	}{		337th JUDICIAL DISTRICT

	O R D E R

On this the _____ day of __________________, 2003, came on to be heard Defendant's Motion for Approval of Expenditure for Independent Forensic Analysis, and having duly considered same, this Court is of the opinion said Motion should be:
	_______ GRANTED
	_______ DENIED

SIGNED and ENTERED this _____ day of _________________, 2003.

		______________________________
		JUDGE PRESIDING