CHAVEZ v. STATE

No. 01-02-00921-CR.

132 S.W.3d 509 (2004)

Oscar Humberto CHAVEZ, Appellant, v. The STATE of Texas, Appellee.

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

February 19, 2004.


Attorney(s) appearing for the Case

Ernest Davila, Houston, TX, for Appellant.

Peyton Z. Peebles, III, Assistant District Attorney, Charles A. Rosenthal, Jr., District Attorney—Harris County, Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices JENNINGS and HIGLEY.


OPINION

SHERRY RADACK, Chief Justice.

Appellant, Oscar Humberto Chavez, in 1989, pleaded no contest to aggravated sexual assault of a child and the trial court sentenced him to 45 years' confinement. In 2002, appellant filed a motion for post-conviction DNA testing, which the trial court denied. In a single point of error, appellant contends that the State denied him due process of law1 by destroying material DNA evidence.

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