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IN RE McBRIDE

No. 03-01-00437-CR.

82 S.W.3d 395 (2002)

In re Kirk Wayne McBRIDE.

Court of Appeals of Texas, Austin.

March 14, 2002.

Attorney(s) appearing for the Case

Kirk Wayne McBride, Gatesville, pro se.

Dib Waldrip, County and District Attorney, New Braunfels, for State.

Before Justices KIDD, YEAKEL and PATTERSON.

KIDD, Justice.

Kirk Wayne McBride filed a pro se motion for forensic DNA testing of biological evidence.1 Tex.Code Crim. Proc. Ann. art. 64.01(a) (West Supp.2002). The motion was denied by the district court four days after it was filed. McBride contends the court erred by denying the motion without requiring a response from the State and without a hearing. He further contends that his motion and supporting affidavit were alone sufficient...

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