Russell v. State

OPINION

BILL VANCE, Justice.

Alvin Russell was convicted of sexual assault in 1996 and sentenced to twenty years’ confinement. He filed a pro se motion for DNA testing under article 64.01 of the Code of Criminal Procedure and requested counsel to assist him in the motion. The trial court appointed counsel, who filed a second motion for DNA testing in 2004. A hearing was set for November 23, 2004, but there is no record that a hearing was held. On November 23, 2004, the trial court denied Russell’s motion for DNA testing and issued findings of fact and conclusions of law. Russell argues on…