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SWEARINGEN v. STATE

No. AP-76,073.

303 S.W.3d 728 (2010)

Larry Ray SWEARINGEN, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

February 10, 2010.

Attorney(s) appearing for the Case

Philip H. Hilder, Houston, for Appellant.

Marc Brumberger, Asst. Dist. Atty., Montgomery, Jeffrey L. VanHorn, State's Atty., Austin, for State.

OPINION

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

Larry Ray Swearingen ("Appellant"), sentenced to death for the capital murder of Melissa Trotter, appeals an order denying his motion for post-conviction forensic DNA testing. For the following reasons, we affirm the judgment of the trial court.

The evidence from appellant's 2000 trial shows that, in December 1998, appellant murdered Melissa Trotter by ligature strangulation...

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