TORRES v. STATE

No. 01-02-00591-CR.

104 S.W.3d 638 (2003)

Natanael Burgos TORRES, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Refused June 11, 2003.


Attorney(s) appearing for the Case

Henry L. Burkholder III, Houston, for Appellant.

Kelly Ann Smith, Assistant District Attorney, Charles A. Rosenthal, Jr., District Attorney-Harris County, Houston, for State.

Panel consists of Justices TAFT, KEYES and HIGLEY.


OPINION

TIM TAFT, Justice.

Appellant, Natanael Burgos Torres, challenges the denial of his motion for post-conviction forensic DNA (deoxyribonucleic acid) testing. See Tex.Code Crim. Proc. Ann. Art. 64.01 et seq. (Vernon Supp. 2003). In two points of error, we determine (1) whether the trial court erred in denying appellant's motion because he established by a preponderance of the evidence that exculpatory DNA test results would have established...

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