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ROSE v. STATE

No. 04-05-00571-CR.

198 S.W.3d 271 (2006)

Timo ROSE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Refused July 26, 2006.

Attorney(s) appearing for the Case

Michael C. Gross, Law Office of Michael C. Gross, San Antonio, for appellant.

Jessica A. Gonzalez, Asst. Dist. Atty., San Antonio, for appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.

MEMORANDUM OPINION

Opinion by SANDEE BRYAN MARION, Justice.

This is an appeal from a post-conviction DNA hearing. In 1992, defendant, Timo Rose, was sentenced to ninety-nine years in prison following conviction on three counts of aggravated sexual assault. See Rose v. State, No. 04-92-00689-CR (Tex. App.-San Antonio May 26, 1993, no pet.). In 2002, defendant applied for DNA testing pursuant to Texas Code of Criminal Procedure chapter 64 and the trial...

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