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HOLBERG v. STATE

No. AP-77023.

425 S.W.3d 282 (2014)

Brittany Marlowe HOLBERG, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

April 2, 2014.

Attorney(s) appearing for the Case

Alan J. Lazarus , Karl J. Saddlemire , Sally Francis White , Thomas W. Pulliam Jr. , Christian L'Orange , Drinker Biddle & Reath LLP, San Francisco, CA, Selden B. Hale , Attorney at Law, Amarillo, TX, for Brittany Marlowe Holberg.

Matthew Ottoway , Leslie K. Kuykendall , Assistant Attorney General, Post Convction litigation Div-Capital Sec., Lisa C. McMinn , State's Attorney, Austin, TX, for the State of Texas.

OPINION

PRICE, J., delivered the opinion of the Court in which KELLER, P.J., and MEYERS, WOMACK, KEASLER, HERVEY, COCHRAN, and ALCALA, JJ., joined.

This is an appeal from an order denying the appellant's motion for post-conviction DNA testing pursuant to Chapter 64 of the Texas Code of Criminal Procedure.1 We affirm the convicting court's order.

BACKGROUND

The appellant was convicted of capital murder...

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