Anderson v. State

OPINION

Before trial, David Lee Anderson made an unsworn oral motion for a continuance so that he would have time to mount a defense against the State’s DNA test results. The judge denied the motion, and Anderson pled guilty and appealed the judge’s denial of the motion. The Corpus Christi Court of Appeals held that Anderson’s claim was preserved because there is a “due process exception” to the rule that an unsworn oral motion for a continuance preserves nothing for review. 1 We conclude that the court’s preservation analysis was flawed and that the right at issue — a meaningful opportunity…