Willis Jackson Perryman v. The State of Texas--Appeal from 1A District Court of Newton County

IN THE

TENTH COURT OF APPEALS

No. 10-02-00279-CR

Willis Jackson Perryman,

Appellant

v.

The State of Texas,

Appellee

From the 1A District Court

Newton County, Texas

Trial Court No. 5213

MEMORANDUM Opinion

The material facts in this appeal are indistinguishable from Wilkins v. Texas. See Wilkins v. State, No. 10-03-00253-CR, 2005 Tex. App. LEXIS 7429 (Tex. App. Waco Sept. 7, 2005, no pet. h.) (not designated for publication) (mem. op.). For the reasons expressed in Wilkins, the trial court s judgment denying Perryman s DNA testing appeal is reversed and this cause remanded for further proceedings consistent with this opinion.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Reversed and remanded

Opinion delivered and filed October 5, 2005

Do not publish

[CR25]