Whitfield v. State

in which KELLER, P.J., and MEYERS, PRICE, JOHNSON, HERVEY, and COCHRAN, JJ., joined.

The issue in this case is whether the courts of appeals have jurisdiction to con*407sider a convicted person’s appeal of unfavorable findings from a hearing on DNA testing. We hold that they do.

Background

In 1981, a jury found the appellant guilty of rape and assessed fifteen years’ imprisonment. In 2007, he moved for, and was granted, post-conviction DNA testing under Code of Criminal Procedure Chapter 64. After receiving the results of the testing in 2009, the trial court held the hearing that article 64.04…