Robert Whitfield v. State

OPINION

MICHAEL MASSENGALE, Justice.

Appellant Robert Whitfield has filed an appeal solely challenging the trial court’s finding under article 64.04 of the Texas Code of Criminal Procedure that it was not reasonably probable that he would not have been convicted if the results of DNA testing had been available during his trial. See Tex.Code Crim. Proc. Ann. art. 64.04 (West Supp.2012). He contends that there was insufficient evidence supporting the trial court’s finding. We dismiss the appeal for lack of jurisdiction.

The Court of Criminal Appeals held in State v. Holloway, 360 S.W.3d 480…