Torres V. State

Appellant, Natanael Burgos Torres, challenges the denial of his motion for post-conviction forensic DNA (deoxyribonucleic acid) testing. See Tex. Code Crim. Proc. Ann. Art. 64.01 et seq. (Vernon Supp. 2003). In two points of error, we determine (1) whether the trial court erred in denying appellant's motion because he established by a preponderance of the evidence that exculpatory DNA test results would have established his innocence and (2) whether the DNA statute allows appellant to obtain DNA testing by showing a reasonable probability that he would have received a different punishment assessment had he had the DNA test results. We affirm.