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MEARIS v. STATE

No. 04-02-00739-CR.

120 S.W.3d 20 (2003)

John MEARIS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Refused November 5, 2003.

Attorney(s) appearing for the Case

Stephen Morris, Houston, for appellant.

Kelly Ann Smith, William J. Delmore, III, Asst. Dist. Atty., Houston, and appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, KAREN ANGELINI, Justice, PHYLIS J. SPEEDLIN, Justice.

OPINION

Opinion by KAREN ANGELINI, Justice.

In six issues, John Henry Mearis appeals the trial court's denial of his post-conviction motion for DNA testing. We overrule all issues and affirm the trial court's order.

Background

On November 27, 2000, Mearis was adjudicated guilty of committing sexual assault and was sentenced to four years imprisonment. On June 21, 2002, Mearis filed a post-conviction motion for DNA testing. In an affidavit...

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