Bates v. State

OPINION

SHERRY RADACK, Chief Justice.

Appellant, John Wayne Bates, challenges the trial court’s order denying his second motion for post-conviction DNA testing. Specifically, appellant claims that the trial court erred by ruling on his motion without first appointing counsel or granting him a hearing. We affirm.

BACKGROUND

In May 1990, appellant was convicted of aggravated sexual assault of a child and his punishment was assessed at confinement for life. This Court affirmed his conviction. See Bates v. State, No. 01-90-00809-CR, 1992 WL 76400 (Tex.App.-Houston [1st Dist.] Apr. 16, 1992, pet. ref…