Rodriguez v. State

OPINION

SUSAN LARSEN, Justice.

In this case, we must decide whether a person who was convicted of murder pursuant to a plea agreement has the right to appeal the trial court’s denial of his post-conviction motion for DNA testing. We conclude that such a person does have the right to appeal. Accordingly, we will order the trial court to file a corrected certification of the defendant’s right of appeal.

PROCEDURAL BACKGROUND

In 1983, Eugenio L. Rodriguez pleaded guilty to murder and was sentenced to life in prison. In July 2002, he filed a motion for DNA testing and appointment of counsel. See In…