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STATE v. WALLER

No. 05-02-01173-CR.

104 S.W.3d 307 (2003)

The STATE of Texas, Appellant, v. James Douglas WALLER, Appellee.

Court of Appeals of Texas, Dallas.

April 28, 2003.

Attorney(s) appearing for the Case

Randy Schaffer, Houston, for appellee.

Kate Calvert, Assistant District Attorney, Dallas, for appellant.

Before Justices MOSELEY, O'NEILL, and LAGARDE.

OPINION

Opinion by Justice MOSELEY.

James Douglas Waller filed a motion for post-conviction DNA testing pursuant to Chapter 64 of the Texas Code of Criminal Procedure. See Tex.Code Crim. Proc. Ann. art. 64.01 (Vernon Supp. 2003). A trial court granted the motion and found the results of mtDNA testing favorable to Waller. The State appeals asserting, in a single point of error, the trial court erred by finding the mtDNA results favorable to Waller...

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