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MENDEZ v. STATE

No. 10-04-00206-CR.

150 S.W.3d 265 (2004)

Cosme MENDEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

December 8, 2004.

Attorney(s) appearing for the Case

Cosme Mendez, Dalhart, pro se.

John W. Segrest, McLennan County Dist. Atty., Waco, for appellee.

Appeal abated.

TOM GRAY, Chief Justice, dissenting to abatement order.

Without discussion, the Court rejects the trial court's determination, implied by the trial court's denial of the DNA motion, that the court did not find reasonable grounds for the motion to be filed. See Tex.Code Crim. Proc. Ann. art. 64.01(c) (Vernon Pamp.2004-2005). The majority's reliance on Gray is misplaced. Gray v. State, 69 S.W.3d 835 (Tex.App....

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