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ANDERSON v. STATE

No. 13-07-099-CR.

268 S.W.3d 130 (2008)

David Lee ANDERSON, II, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

August 14, 2008.

Attorney(s) appearing for the Case

Winston E. Cochran, Jr., Houston, for appellant.

Kurt Sistrunk, Crim. Dist. Atty., Roger Ezell, Asst. Dist. Atty., Galveston, for the appellee.

Before Chief Justice VALDEZ and Justices YAÑEZ and BENAVIDES.

OPINION

Opinion by Justice BENAVIDES.

Immediately before David Anderson's trial for aggravated sexual assault of a child was to commence, the State informed him that it would be introducing DNA test results as evidence against him at trial. See TEX. PENAL CODE ANN. § 22.021(a)(2) (Vernon Supp.2008). Anderson, who was surprised and unprepared for this evidence, made an oral and unsworn motion for continuance. See TEX.CODE CRIM. PROC. ANN...

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