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IN RE FAIN

No. 03-02-00011-CR.

83 S.W.3d 885 (2002)

In re Roger Eugene FAIN.

Court of Appeals of Texas, Austin.

Rehearing Overruled August 30, 2002.

Attorney(s) appearing for the Case

Roger Eugene Fain, pro se.

John M. Bradley, District Attorney, Georgetown, for Appellee.

Before Chief Justice ABOUSSIE, Justices B.A. SMITH and YEAKEL.

MARILYN ABOUSSIE, Chief Justice.

Roger Eugene Fain is serving a life sentence for murder.1 Fain filed a pro se motion for forensic DNA testing of biological evidence. See Tex.Code Crim. Proc. Ann. art. 64.01(a) (West Supp.2002). The district court appointed an attorney to represent Fain after the motion was filed although there is no indication that Fain requested counsel. See id. art. 64.01(c). After the State filed its...

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