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GARCIA v. STATE

No. 04-09-00735-CR.

327 S.W.3d 269 (2010)

Ovidio GARCIA, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled August 11, 2010.

Discretionary Review Refused November 10, 2010.

Attorney(s) appearing for the Case

Ovidio Garcia Jr. , Beesville, TX, pro se.

John A. Olson , Assistant District Attorney, Rio Grande City, TX, for The State of Texas.

Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, MARIALYN BARNARD, Justice.

OPINION

Opinion by: KAREN ANGELINI, Justice.

This is an appeal of the denial of a motion for DNA testing. In three issues on appeal, Ovidio Garcia, Jr., argues the trial court erred in denying his request for DNA testing of materials relating to his prior murder conviction. Finding no error, we affirm the trial court's order denying DNA testing.

BACKGROUND

In 1992, Garcia pled guilty to the offense of capital murder and was sentenced to...

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