Lopez v. State

OPINION

Opinion by Justice CASTILLO.

Appellant Elifonso Lopez appeals from a post-conviction denial of his motion for DNA testing pursuant to article 64.01 of the code of criminal procedure. See Tex. Code Cpjm. Proc. Ann. art. 64.01 (Vernon Supp.2003). We dismiss in part for want of jurisdiction and affirm in part.

7. BACKGROUND

Lopez was sentenced to life in prison after a jury convicted him of the aggravated sexual assault of his stepbrother, a child under the age of fourteen years. This Court affirmed his conviction. 1 In post-conviction proceedings, a federal court found that the ineffective…