Atabrine James Simmons v. State

NUMBER 13-05-226-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI B EDINBURG

ATABRINE JAMES SIMMONS, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 24th District Court

of Victoria County, Texas.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Castillo

Memorandum Opinion by Chief Justice Valdez

Appellant, Atabrine James Simmons, appeals from an order of the trial court denying his post-conviction motion for DNA testing. He specifically argues (1) his due process rights were violated when the trial court failed to require that the State explain how…