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WHITAKER v. STATE

No. 74612.

160 S.W.3d 5 (2004)

Charles Elvin WHITAKER, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

January 14, 2004.

Attorney(s) appearing for the Case

Scott Pawgan, Huntsville, for Appellant.

William Lee Hon, Asst. DA, Livingston, Matthew Paul, State's Atty., Austin, for State.

OPINION

KEASLER, J., delivered the opinion for a unanimous Court.

Charles Elvin Whitaker was convicted of the capital murder of Aline Berry and was sentenced to life in prison. He filed a motion for forensic DNA testing, which the trial court denied. Whitaker appeals, arguing that the trial judge erred in various respects. We disagree and affirm the trial court's judgment.

Factual History

The Court of Appeals set forth the facts...

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