Chavez v. State

OPINION

SHERRY RADACK, Chief Justice.

Appellant, Oscar Humberto Chavez, in 1989, pleaded no contest to aggravated sexual assault of a child and the trial court sentenced him to 45 years’ confinement. In 2002, appellant filed a motion for post-conviction DNA testing, which the trial court denied. In a single point of error, appellant contends that the State denied him due process of law 1 by destroying material DNA evidence.

BACKGROUND

Without a hearing, the trial court denied appellant’s motion for DNA testing and adopted the State’s proposed findings of fact. Appellant filed a pro se notice of…