Stephen Clay Johnston v. The State of Texas--Appeal from 6th District Court of Lamar County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-02-00115-CR
______________________________
STEPHEN CLAY JOHNSTON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 6th Judicial District Court
Lamar County, Texas
Trial Court No. 17834
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION

Stephen Clay Johnston appeals the trial court's denial of his motion for forensic DNA testing. On June 2, 2000, Johnston was convicted of two aggravated assault offenses, retaliation, and two failure to appear/bail jumping offenses. He was sentenced to three years' imprisonment for each offense. The sentences were ordered to run concurrently. This Court dismissed Johnston's appeals for want of jurisdiction.

In September 2001, Johnston filed a motion and supporting affidavit seeking post-conviction DNA testing under Chapter 64 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 64.01-.05 (Vernon Supp. 2003). The State filed a response and supporting affidavit. The trial court overruled his motion without a hearing and issued findings of fact and conclusions of law.

Because Johnston's motion implicated both his aggravated assault convictions, the trial court docketed two causes and we docketed two appeals. We have, this day, released our opinion in number 06-02-00114-CR, Stephen Clay Johnston v. The State of Texas. Because the briefs and arguments therein are identical to those raised in this appeal, for the reasons stated in that opinion, we affirm the trial court's judgment.

 

Jack Carter

Justice

 

Date Submitted: December 17, 2002

Date Decided: February 5, 2002

 

Do Not Publish