Kelly v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

A jury found appellant, Barry Dean Kelly, guilty of murder and assessed his punishment at imprisonment for life. Tex.Penal Code § 19.02(a)(1). The Second Court of Appeals affirmed appellant’s conviction. Kelly v. State, 792 S.W.2d 579 (Tex.App.—Fort Worth 1990). We granted appellant’s petition for discretionary review, pursuant to Texas Rule of Appellate Procedure 200(c)(2), to determine whether the court of appeals erred in holding that the trial court did not abuse its discretion in admitting DNA “fingerprint” evidence1…