Lyon v. State

OPINION

Opinion by:

SANDEE BRYAN MARION, Justice.

Defendant was convicted in 1994 of murdering his former wife and a jury assessed punishment at confinement for life. This appeal is from the trial court’s order denying post-conviction DNA testing. Because defendant’s identity was not and is not an issue, we affirm.

ANALYSIS

A trial court is required to order DNA testing only if the requirements of Texas Code of Criminal Procedure article 64.03 are met, including the requirement that “identity was or is an issue in the case.” Tex.Code CRiM. PROC. Ann. art. 64.03(a)(1)(B) (Vernon Supp.2008); Bell v.…