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CATE v. STATE

No. 07-10-0256-CR.

326 S.W.3d 388 (2010)

Bobby J. CATE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo, Panel B.

Rehearing Overruled November 30, 2010.

Attorney(s) appearing for the Case

Erika Copeland , Cedar Park, for Bobby J. Cate.

Jeffrey S. Ford , Asst. Criminal Dist. Atty., Lubbock, for The State of Texas.

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Opinion

BRIAN QUINN, Chief Justice.

Bobby J. Cate appeals an order determining that, had the results of DNA testing been available during his trial for aggravated sexual assault, it is not reasonably probable that he would not have been convicted. We affirm the order.

Background

In 2002, appellant was convicted of raping a woman he approached in the parking lot of a shopping mall in Lubbock and who offered to give him a ride...

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