Cate v. State

Opinion

BRIAN QUINN, Chief Justice.

Bobby J. Cate appeals an order determining that, had the results of DNA testing been available during his trial for aggravated sexual assault, it is not reasonably probable that he would not have been convicted. We affirm the order.

Background

In 2002, appellant was convicted of raping a woman he approached in the parking lot of a shopping mall in Lubbock and who offered to give him a ride in her vehicle. That conviction was based primarily on the victim’s identification of appellant. In other words, there was no forensic evidence offered to support the verdict.