YARBROUGH v. STATE

No. 10-07-00024-CR.

258 S.W.3d 205 (2008)

John Byron YARBROUGH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

March 12, 2008.


Attorney(s) appearing for the Case

Joseph L. Sheppard, Burleson, Richard Alley, Fort Worth, for appellant.

Dale S. Hanna, Johnson County Dist. Atty., Cleburne, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


OPINION

FELIPE REYNA, Justice.

John Byron Yarbrough appeals from the denial of his motion for postconviction DNA testing under Chapter 64 of the Code of Criminal Procedure. Yarbrough contends in two issues that the court erred by: (1) denying his motion for DNA testing; and (2) denying his motion to issue a bench warrant so he could participate in the hearing on his request for DNA testing. We will affirm.

Background

Yarbrough and co-defendant...

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