Rivera v. State

OPINION

KELLER, P.J. delivered the unanimous opinion of the Court.

Appellant was convicted of capital murder — murder in the course of aggravated sexual assault1 — and sentenced to death. His direct appeal was affirmed and his application for writ of habeas corpus was denied. Subsequently, appellant filed an application for DNA testing under Chapter 64.2 The trial court heard argument on *57the motion and denied the application without an evidentiary hearing and this appeal followed. Appellant now contends that he is entitled to DNA testing or, in the alternative, to an evidentiary hearing with…