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Green v. State

Court of Appeals of Texas, Fifth District, Dallas
Jan 10, 2006
No. 05-04-00394-CR (Tex. App. Jan. 10, 2006)

Opinion

No. 05-04-00394-CR

Opinion filed January 10, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the 194th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F80-15787-IM. Affirmed.

Before Justices MOSELEY, RICHTER, and LANG-MIERS.


MEMORANDUM OPINION


Freddie Lee Green appeals the trial court's order denying his motion for forensic DNA testing. In 1981, a jury found appellant guilty of aggravated rape and assessed punishment at life confinement. In an unpublished per curiam opinion, this Court affirmed appellant's conviction. See Green v. State, No. 05-81-00616-CR (Tex.App.-Dallas June 2, 1982, no pet.) (per curiam) (not designated for publication). On May 21, 2002, appellant filed a motion for forensic DNA testing pursuant to chapter 64 of the Texas Code of Criminal Procedure. The trial court denied appellant's motion. Appellant's attorney filed a brief in which she concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 811 (Tex.Crim.App. [Panel Op.] 1978). In his pro se responses, appellant raises several issues. We have reviewed the record, counsel's brief, and the pro se responses. See generally Bledsoe v. State, No. PD-300-04, 2005 WL 3057799 (Tex.Crim.App. Nov. 16, 2005). We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Accordingly, we affirm the trial court's order denying appellant's motion for forensic DNA testing.


Summaries of

Green v. State

Court of Appeals of Texas, Fifth District, Dallas
Jan 10, 2006
No. 05-04-00394-CR (Tex. App. Jan. 10, 2006)
Case details for

Green v. State

Case Details

Full title:FREDDIE LEE GREEN, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jan 10, 2006

Citations

No. 05-04-00394-CR (Tex. App. Jan. 10, 2006)