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RIVERA v. STATE

No. 74,359.

89 S.W.3d 55 (2002)

Jose Alfredo RIVERA, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

November 6, 2002.

Attorney(s) appearing for the Case

David K. Sergi, San Marcos, for Appellant.

John A. Olson, Assistant District Attorney, Brownsville, Matthew Paul, State's Attorney, Austin, for State

OPINION

KELLER, P.J. delivered the unanimous opinion of the Court.

Appellant was convicted of capital murder—murder in the course of aggravated sexual assault1—and sentenced to death. His direct appeal was affirmed and his application for writ of habeas corpus was denied. Subsequently, appellant filed an application for DNA testing under Chapter 64.2 The trial court heard argument...

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