GREEN v. STATE

No. 04-02-00221-CR.

100 S.W.3d 344 (2002)

Forest Jerome GREEN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

December 4, 2002.


Attorney(s) appearing for the Case

Alwin E. Pape, Jr., Pape & Dwyer, L.L.P., Seguin, for appellant.

W.C. Kirkendall, District Attorney, Frank Follis, Assistant District Attorney, Seguin, for appellee.

Sitting: ALMA L. LÓPEZ, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice.


Opinion by: ALMA L. LÓPEZ, Justice.

Forest Jerome Green ("Green") appeals the trial court's order denying his motion for forensic DNA testing under chapter 64 of the Texas Code of Criminal Procedure. Green contends that the trial court erred in finding that identity was and is not an issue in the case. We affirm the trial court's order.

We review the trial court's decision under a bifurcated standard of review: "we afford almost total deference to the...

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