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STATE v. PATRICK

Nos. 74,191, 74,227.

86 S.W.3d 592 (2002)

STATE of Texas, v. Jesse Joe PATRICK, Appellee. State of Texas ex. rel. Bill Hill, Relator, v. Honorable Karen Greene, Judge, 282nd District Court.

Court of Criminal Appeals of Texas.

September 11, 2002.

Attorney(s) appearing for the Case

Keith S. Hampton, Austin, for Appellant.

Kim Schaefer, Asst. DA, Dallas, Matthew Paul, State's Attorney, Austin, for State.

OPINION

KELLER, P.J. announced the judgment of the Court and delivered an opinion in which WOMACK, KEASLER, and HERVEY JJ., joined.

Today we are confronted with the question of whether a trial court has the authority to order DNA testing even though the applicant has failed to meet the requirements of the DNA testing statute (Chapter 64).1

A. Background

Patrick (hereinafter referred to as "applicant"...

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