From Casetext: Smarter Legal Research

Whitley v. State

Court of Appeals of Texas, Second District, Fort Worth
Aug 12, 2004
No. 02-04-158-CR (Tex. App. Aug. 12, 2004)

Opinion

No. 02-04-158-CR

Delivered: August 12, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

Appeal from the 213th District Court of Tarrant County.

Panel F: CAYCE, C.J., HOLMAN and GARDNER, JJ.


MEMORANDUM OPINION

See Tex.R.App.P. 47.4.


Steven James Whitley appeals the trial court's denial of his motion for DNA testing. In his sole point, appellant complains that the trial court may have considered his guilty plea in denying the DNA testing request, which appellant contends is improper if identity was an issue in the case. See Tex. Code Crim. Proc. Ann. art. 64.03(b) (Vernon Supp. 2004) (prohibiting convicting court from finding that identity was not at issue solely on basis of guilty plea). Appellant admits that he was with the victim, his thirteen-year-old girlfriend, and does not deny that he had sex with her. He simply contends that no assault occurred because he did not know her age. Therefore, identity was not an issue in the case, and the trial court did not abuse its discretion if it considered appellant's guilty plea in denying the DNA testing request. See Morris v. State, 110 S.W.3d 100, 103 (Tex. App.-Eastland 2003, pet. ref'd); Green v. State, 100 S.W.3d 344, 344-45 (Tex. App.-San Antonio 2002, pet. ref'd). We overrule appellant's point and affirm the trial court's judgment.


Summaries of

Whitley v. State

Court of Appeals of Texas, Second District, Fort Worth
Aug 12, 2004
No. 02-04-158-CR (Tex. App. Aug. 12, 2004)
Case details for

Whitley v. State

Case Details

Full title:STEVEN JAMES WHITLEY, Appellant v. THE STATE OF TEXAS, State

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: Aug 12, 2004

Citations

No. 02-04-158-CR (Tex. App. Aug. 12, 2004)