Roberson v. State

JOHN F. ONION, Jr., Justice (Retired).

This appeal presents an issue that borders on being a case of first impression in Texas: Can DNA (deoxyribonucleic acid) 1 evidence alone establish a legally and factually sufficient case of a defendant’s guilt in a criminal prosecution? The core concern involves the question of identity.

Appellant Anthony Wayne Roberson appeals his conviction for aggravated sexual assault. See Tex. Penal Code Ann. § 22.021(a)(l)(A)(i), (2)(A)(ii), (iii) (West Supp.2000). 2 The jury found appellant guilty “as alleged within the indictment.” 3 The trial court assessed…