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ANDERSON v. STATE

No. PD-1441-08.

301 S.W.3d 276 (2009)

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

Court of Criminal Appeals of Texas.

Rehearing Denied February 3, 2010.

Attorney(s) appearing for the Case

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

Roger Ezell, Asst. Crim. D.A., Galveston, Jeffrey L. Van Horn, State's Attorney, Austin, for State.

OPINION

KEASLER, J., delivered the opinion for a unanimous Court.

Before trial, David Lee Anderson made an unsworn oral motion for a continuance so that he would have time to mount a defense against the State's DNA test results. The judge denied the motion, and Anderson pled guilty and appealed the judge's denial of the motion. The Corpus Christi Court of Appeals held that Anderson's claim was preserved because there is a "due process exception" to...

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