Smith v. State

Appellant was convicted of aggravated rape in 1987 and the jury assessed a life sentence. In 2001, he filed a pro se motion for forensic DNA testing under Texas Code of Criminal Procedure Chapter 64 and requested that counsel be appointed to represent him. Counsel was appointed and a formal motion for forensic DNA testing was filed, accompanied by an affidavit by Smith stating that he is actually innocent of the offense for which he was convicted. The trial court denied the motion, 1 stating that the motion failed to include an affidavit alleging specific facts in support of his motion and…