MURPHY v. STATE

No. 05-02-01003-CR.

111 S.W.3d 846 (2003)

David Christian MURPHY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

August 12, 2003.


Attorney(s) appearing for the Case

Jennifer Allyn Balido, Dallas, for Appellant.

William T. (Bill) Hill, Jr., Dallas, for the State.

Before Justices JAMES, FRANCIS, and LANG.


OPINION

Opinion by Justice JAMES.

David Christian Murphy appeals the trial court's order dismissing his motion for post-conviction DNA testing.1 See Tex. Code Crim. Proc. Ann. art. 64.01 (Vernon Supp.2003). The court based its order on its finding that there was no biological evidence in the State's possession at the time of trial that was collected in relation to the offense for which appellant was convicted.

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