Opinion
NO. AP-77,065
08-11-2016
ROBERT LYNN PRUETT, Appellant v. THE STATE OF TEXAS
ON DIRECT APPEAL OF A CHAPTER 64 DNA PROCEEDING FROM CAUSE NO. B-01-M015-0-PR-B FROM THE 156 JUDICIAL DISTRICT COURT BEE COUNTY Per curiam. MEYERS, J., dissents. RICHARDSON, J., not participating. ORDER
In April 2002, a jury convicted appellant of the offense of capital murder. In April 2015, appellant moved for DNA testing pursuant to Texas Code of Criminal Procedure Chapter 64. The trial court granted the motion, but found that the test results were not favorable to appellant. Appellant now appeals the trial court's determination that it was not reasonably probable that, had the results of the testing been available during the trial of the offense, he would not have been convicted.
Upon review, we have determined that appellant's execution should be stayed pending further order of this Court.
IT IS SO ORDERED THIS THE 11 DAY OF AUGUST, 2016. Do Not Publish