In Re Fain

MARILYN ABOUSSIE, Chief Justice.

Roger Eugene Fain is serving a life sentence for murder. 1 Fain filed a pro se motion for forensic DNA testing of biological evidence. See Tex.Code Crim. Proc. Ann. art. 64.01(a) (West Supp.2002). The district court appointed an attorney to represent Fain after the motion was filed although there is no indication that Fain requested counsel. See id. art. 64.01(c). After the State filed its response to the motion, the court heard arguments from counsel for both parties. At the conclusion of the hearing, the court denied the motion for DNA testing with written…