BATES v. STATE

No. 01-08-00580-CR.

315 S.W.3d 598 (2010)

John Wayne BATES, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

May 6, 2010.


Attorney(s) appearing for the Case

Greg Neal Russell, Dickinson, TX, for Appellant.

B. Warren Goodson Jr., Assistant Criminal District Attorney, Galveston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices ALCALA and HIGLEY.


OPINION

SHERRY RADACK, Chief Justice.

Appellant, John Wayne Bates, challenges the trial court's order denying his second motion for post-conviction DNA testing. Specifically, appellant claims that the trial court erred by ruling on his motion without first appointing counsel or granting him a hearing. We affirm.

BACKGROUND

In May 1990, appellant was convicted of aggravated sexual assault of a child and his punishment was assessed at confinement...

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