Anderson, David Lee, Ii

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1441-08

DAVID LEE ANDERSON II, Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE THIRTEENTH COURT OF APPEALS

GALVESTON COUNTY

O P I N I O N

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"…