Newby v. State

OPINION

Opinion by

Justice CARTER.

A jury found Robbie Lynn Newby guilty of possession of marihuana in an amount greater than four ounces but less than five pounds. See Tex. Health & Safety Code Ann. § 481.121(b)(3) (Vernon 2003). That conviction was affirmed on direct appeal. Newby v. State, 169 S.W.3d 413 (Tex.App.-Texarkana 2005, pet. filed). Newby filed a post-conviction motion for DNA testing, asking the trial court to order testing of the plants seized by the police more than four years ago in connection with Newby’s underlying criminal conviction. Newby believes current DNA testing will…