Asberry, Damon Lavelle

• Court: Court of Criminal Appeals of Texas
• Decided: December 19, 2018
• Docket: PD-1212-17
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1212-17

DAMON LAVELLE ASBERRY, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE TENTH COURT OF APPEALS MCLENNAN COUNTY

P ER C URIAM.

OPINION

Appellant was convicted of murder, and he subsequently sought post-conviction DNA

testing pursuant to Chapter 64 of the Code of Criminal Procedure. See T EX . C ODE C RIM.

P ROC. art. 64.03. After the requested testing was performed, the trial court made a finding

that the results of the testing were unfavorable to appellant, and the court of appeals upheld

that determination on appeal. This Court initially granted appellant’s petition for

discretionary review challenging this holding by the court of appeals. However, having Asberry - 2

examined the record and briefs, we conclude that our decision to grant review was

improvident. We therefore dismiss appellant’s petition for discretionary review as

improvidently granted.

Delivered: December 19, 2018

Do Not Publish