Opinion
No. 05-04-00893-CR
Opinion Issued April 15, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the Criminal District Court, No. 3, Dallas County, Texas, Trial Court Cause No. F79-02140-J. Affirmed.
Before Justices BRIDGES, O'NEILL, and MAZZANT.
MEMORANDUM OPINION
Ike Oliver, Jr. appeals the trial court's denial of his motion for post-conviction DNA testing. In a single point of error, appellant argues the trial court erred in denying his motion without conducting a hearing to determine whether biological evidence exists in this case. However, because appellant did not request such a hearing in the trial court, he has forfeited the right to complain on appeal that the trial court erred in failing to conduct a hearing into the existence of DNA evidence. See Tex.R.App.P. 33.1(a); Shannon v. State, 116 S.W.3d 52, 54-55 (Tex.Crim.App. 2003). Accordingly, we overrule appellant's single point of error. We affirm the trial court's order denying appellant's motion for post-conviction DNA testing.