Pate v. State

JOHNSON, Presiding Judge.

In November 2001, Barry Pate was convicted of three counts of aggravated sexual battery and other offenses. On November 1, 2007, Pate filed a pro se motion pursuant to OCGA § 5-5-41 (c), seeking DNA testing of a latex glove introduced into evidence at his trial. He also filed a written request for a hearing on the motion. The following day, November 2, 2007, the trial court entered an order denying the motion. Pate appeals.

OCGA § 5-5-41 (c) provides the grounds for filing an extraordinary motion for new trial seeking the performance of DNA testing. Paragraphs (3) and…