Thompson v. State

OPINION

TERRY JENNINGS, Justice.

Appellant, Ollie Thompson, III, challenges the convicting court’s order denying his motion for post-conviction DNA testing. In his sole point of error, appellant argues that the trial court erred in denying his motion because he established by a preponderance of the evidence that he would not have been prosecuted or convicted if exculpatory results had been obtained through DNA testing of the state’s trial evidence. We affirm.

Factual and Procedural Background

On December 8, 1995, a jury found appellant guilty of the offense of aggravated assault with a deadly…