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CURRY v. STATE

No. 01-04-00156-CR.

186 S.W.3d 39 (2005)

Jesse Randolph CURRY, Appellant, v. The STATE of Texas, Appellee.

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

October 13, 2005.

Attorney(s) appearing for the Case

Josh Schaffer, The Schaffer Firm, Houston, TX, for Appellant.

Kelly Ann Smith, Assistant District Attorney, Charles A. Rosenthal, District Attorney, Harris County Jr., Houston, TX, for Appellee.

Panel consists of Justices TAFT, KEYES, and HANKS.

OPINION

GEORGE C. HANKS, JR., Justice.

Appellant, Jesse Randolph Curry, appeals the trial court's order denying his motion for post-conviction DNA testing. Appellant contends that article 64.03(a)(2)(A) of the Texas Code of Criminal Procedure,1 which sets forth the requirements for post-conviction DNA testing, is unconstitutional because it denies him (1) due process, due course of law, and equal protection of the law guaranteed...

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