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ONTIVEROS v. STATE

No. 03-06-00738-CR.

240 S.W.3d 369 (2007)

Raul ONTIVEROS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

August 10, 2007.

Attorney(s) appearing for the Case

Sue Berkel, Austin, for appellant.

Ronald Earle, Dist. Atty., Georgette Hogarth, Asst. Dist. Atty., Austin, for appellee.

Before Chief Justice LAW, Justices PURYEAR and HENSON.

OPINION

W. KENNETH LAW, Chief Justice.

A jury found appellant Raul Ontiveros guilty of entering a habitation and committing or attempting to commit sexual assault, for which it assessed punishment at twenty-five years' imprisonment. See Tex. Penal Code Ann. § 30.02(a)(3) (West 2003). In his only point of error, appellant contends that DNA evidence obtained by swabbing his penis should have been suppressed as the fruit of an unconstitutional...

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