State v. Young

OPINION

Opinion by

Justice WHITTINGTON.

The State of Texas appeals the trial judge’s order granting Eric Stephen Young’s motion for forensic DNA testing. See Tex.Code Crim. Proc. Ann. art. 44.01(a)(6) (Vernon Supp.2007) (allowing State to appeal trial court’s criminal order if order is issued under chapter 64). In three issues, the State claims the trial judge erred in granting the motion because (i) Young lacks standing to be entitled to post-conviction forensic DNA testing, (ii) identity is not an issue in this case, and (iii) Young failed to prove by a preponderance of the evidence he was…