Brian Allen Carter v. State

IN THE

TENTH COURT OF APPEALS

No. 10-02-00183-CR

BRIAN ALLEN CARTER,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 252nd District Court

Jefferson County, Texas

Trial Court # 63667

O P I N I O N

Brian Allen Carter appeals the trial court’s denial of his motion for postconviction DNA testing under Chapter 64 of the Code of Criminal Procedure of crime scene evidence from the 1992 murder of Elvira Waddell Gonzales. See Tex. Code Crim. Proc. Ann. arts. 64.01-.05 (Vernon Supp. 2004). Carter did not show by a preponderance of the evidence that a reasonable probability exists that exculpatory DNA tests…