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CLARK v. STATE

No. 09-01-480 CR.

84 S.W.3d 313 (2002)

Tommy Wayne CLARK, aka Wayne Clark, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Decided July 24, 2002.

Discretionary Review Refused October 23, 2002.

Attorney(s) appearing for the Case

Clinard J. Hanby, Woodlands, for appellant.

Michael A. McDougal, Dist. Atty., Dan P. Bradley, Asst. Dist. Atty., Conroe, for state.

Before WALKER, C.J., BURGESS, and GAULTNEY, JJ.

OPINION

DON BURGESS, Justice.

On June 4, 2001, Tommy Wayne Clark filed a motion for DNA testing pursuant to Chapter 64 of the Texas Code of Criminal Procedure. See Tex.Code Crim. Proc. Ann. arts. 64.01-.05 (Vernon Supp.2002). On July 31, 2001, Clark filed a motion for appointment of counsel and declaration of indigency. The trial court denied Clark's motion for DNA testing on October 8, 2001. Clark executed...

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