Damon Lavelle Asberry v. State

ABATEMENT ORDER

This is an appeal of a trial court’s ruling under Chapter 64 of the Code of Criminal Procedure regarding post-conviction DNA testing. The trial court granted Damon Lavelle Asberry’s post-conviction motion for DNA testing. After the additional testing was completed and the results obtained, Asberry sought a new trial. The trial court conducted an evidentiary hearing and “ruled that, based on the entire record, the new testing would not have changed the outcome of the trial.” Asberry v. State, No. PD-1409-15, 507 S.W.3d 227, 228, 2016 WL 7119059, *1, 2016 Tex. Crim. App. LEXIS…