Eubanks v. State

OPINION

Opinion By

Justice LANG.

On the Court’s own motion, we withdraw our opinion of July 31, 2003 and substitute this opinion in its place.

John Larry Eubanks appeals the trial court’s denial of his motion for post-conviction DNA testing pursuant to Texas Code of Criminal Procedure article 64.03 and brings three issues. In his first issue, appellant argues the trial court erred by finding that he had failed to establish by a preponderance of the evidence that a reasonable probability exists that he would not have been prosecuted or convicted if exculpatory results had been obtained through DNA…