Opinion
No. 10-02-00279-CR
Opinion delivered and filed October 5, 2005. DO NOT PUBLISH.
Appeal from the 1A District Court, Newton County, Texas, Trial Court No. 5213.
Reversed and remanded.
Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.
MEMORANDUM OPINION
The material facts in this appeal are indistinguishable from Wilkins v. Texas. See Wilkins v. State, No. 10-03-00253-CR, 2005 Tex. App. LEXIS 7429 (Tex.App.-Waco Sept. 7, 2005, no pet. h.) (not designated for publication) (mem. op.). For the reasons expressed in Wilkins, the trial court's judgment denying Perryman's DNA testing appeal is reversed and this cause remanded for further proceedings consistent with this opinion.