Frank v. State

OPINION

ELSA ALCALA, Justice.

Appellant, Murray Clayton Frank, appeals from the trial court’s postconviction order pursuant to Article 64.04 of the Code of. Criminal Procedure. See Tex.Code Chim. PROC. Ann. art. 64.04 (Vernon Supp. 2005). The trial court’s order stated that the postconviction DNA test results were “not favorable” to appellant and that, had those results been available during the trial of his offense, “it is not reasonably probable that appellant would not have been convicted.” In his sole point of error, appellant contends that the complainant’s DNA would have been on the towel…