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EUBANKS v. STATE

No. 05-02-01017-CR.

113 S.W.3d 562 (2003)

John Larry EUBANKS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

August 1, 2003.

Attorney(s) appearing for the Case

Deborah Farris, Judge Edwin V. King, Dallas, for appellee.

William T. (Bill) Hill, Jr., Matthew R. Filpi, Asst. Dist. Atty., Dallas, for state.

Before Justices JAMES, FRANCIS, and LANG.

OPINION

Opinion By Justice LANG.

On the Court's own motion, we withdraw our opinion of July 31, 2003 and substitute this opinion in its place.

John Larry Eubanks appeals the trial court's denial of his motion for post-conviction DNA testing pursuant to Texas Code of Criminal Procedure article 64.03 and brings three issues. In his first issue, appellant argues the trial court erred by finding that he had failed to establish by a preponderance of the...

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