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DUNNING v. STATE

No. 02-17-00166-CR.

544 S.W.3d 912 (2018)

Johnnie DUNNING, Appellant v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing and Reconsideration En Banc Denied March 29, 2018.

Attorney(s) appearing for the Case

ATTORNEY FOR APPELLANT: WILLIAM H. "BILL" RAY , LAW OFFICE OF WILLIAM H. "BILL" RAY, P.C., FORT WORTH, TX.

ATTORNEY FOR STATE: SHAREN WILSON , CRIM. DIST. ATTY., DEBRA WINDSOR , CHIEF, POST CONVICTION, STEVEN CONDER , DAWN BOSWELL , ASST. CRIM. DIST. ATTYS., FORT WORTH, TX.

PANEL: WALKER, MEIER, and KERR, JJ.

OPINION

I. INTRODUCTION

Appellant Johnnie Dunning raises a single point challenging the "not favorable" finding made by the trial court following post-conviction DNA testing pursuant to chapter 64 of the Texas Code of Criminal Procedure. For the reasons set forth below, we will sustain Dunning's point, vacate...

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