Lee Vert Smith v. The State of Texas Appeal from 5th District Court of Bowie County (memorandum opinion )
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-16-00096-CR LEE VERT SMITH, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 5th District Court Bowie County, Texas Trial Court No. 06-F0744-005 Before Morriss, C.J., Moseley and Carter,* JJ. Memorandum Opinion by Justice Moseley ________________________ *Jack Carter, Justice, Retired, Sitting by Assignment MEMORANDUM OPINION Pursuant to a plea bargain agreement, Lee Vert Smith pled guilty to and was convicted of aggravated sexual assault of a child. Smith was sentenced to twenty-five years’ imprisonment. He now appeals from the trial court’s denial of his post-conviction motion for DNA testing. Smith filed an identical motion for DNA testing the denial of which he appeals under our cause number 06-16-00095-CR. He appealed the denial of that motion on the same grounds asserted here. We addressed this issue in detail in our opinion of this date on Smith’s appeal in cause number 06-16-00095-CR. For the reasons stated therein, we likewise conclude that error has not been shown in this case. We affirm the trial court’s denial of Smith’s motion for DNA testing. Bailey C. Moseley Justice Date Submitted: Date Decided: November 22, 2016 December 9, 2016 Do Not Publish 2
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