Esparza, Edward

N

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1616-07

EDWARD ESPARZA, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FIRST COURT OF APPEALS

HARRIS COUNTY

Keasler, J., delivered the unanimous opinion of the Court.

O P I N I O N

The court of appeals upheld the trial judge's refusal to grant Edward Esparza's motion for DNA testing. The court held that testing showing the presence of DNA not belonging to Esparza would not prove his innocence because (1) the victim reported having sex two days before the attack, and (2) there was overwhelming eye-witness…