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CARTER v. STATE

No. 10-02-00183-CR.

134 S.W.3d 484 (2004)

Brian Allen CARTER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled May 5, 2004.

Attorney(s) appearing for the Case

Bruce A. Hoffer, Beaumont, for appellant.

Tom Maness, Jefferson County Criminal Dist. Atty., Wayln G. Thompson, Jefferson County Asst. Dist. Atty., for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

BILL VANCE, Justice.

Brian Allen Carter appeals the trial court's denial of his motion for postconviction DNA testing under Chapter 64 of the Code of Criminal Procedure of crime scene evidence from the 1992 murder of Elvira Waddell Gonzales. See Tex.Code Crim. Proc. Ann. arts. 64.01-.05 (Vernon Supp. 2004.) Carter did not show by a preponderance of the evidence that a reasonable probability exists that exculpatory DNA tests would prove his...

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