State v. Gray

¶1 In 1991, Dennis Gray was convicted of first degree rape and attempted first degree rape. Gray appeals the trial court’s denial of his 2008 request, pursuant to RCW 10.73.170, for postconviction DNA testing on the physical evidence used at trial. Gray satisfied the statute because he met the procedural requirements of the statute by demonstrating that DNA testing had advanced since the time of trial, and by demonstrating that the evidence from the DNA testing would be new, significant, and material to the identity of the perpetrator. Gray satisfied the substantive requirement of the statute…