Winters v. Presiding Judge of the Criminal District Court Number Three of Tarrant County

OPINION

MEYERS, J., delivered the unanimous opinion of the Court.

Winters (“relator”) pleaded guilty to aggravated sexual assault of a child under fourteen years of age and was sentenced to 20 years imprisonment in the Institutional Division of the Texas Department of Criminal Justice. On February 1, 2002, relator filed a Motion for DNA Testing pursuant to Chapter 64 of the Texas Code of Criminal Procedure. On August 12, 2002, the convicting court (“respondent”) denied relator’s Motion for DNA Testing, including his request for counsel. Relator then filed an application for writ of mandamus,…