Reed, Rodney ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. AP-77,054
RODNEY REED, Applicant
v.
THE STATE OF TEXAS
ON DIRECT APPEAL IN
CAUSE NO. 8701 FROM THE 21ST DISTRICT COURT
BASTROP COUNTY
Per curiam. K ELLER, P.J., filed a dissenting opinion. N EWELL, J., not
participating.
ORDER
On July 14, 2014, Rodney Reed filed a Chapter 64 Motion for Post-Conviction DNA
testing. On November 25, 2014, the convicting court held a hearing on Reed’s Chapter 64
motion. The trial judge issued findings of fact and conclusions of law on Reed’s motion on
December 16, 2014 and denied his request. On February 15, 2015, we received Rodney
Reed’s direct appeal from the trial court’s denial. We now remand the cause to the trial court
REED—2
2
for additional findings and conclusions pursuant to Chapter 64.
The trial judge made findings and conclusions under article 64.03(a)(2),1 but did not
make findings on whether the pieces of evidence Reed seeks to have tested satisfy
article 64.03(a)(1).2 Specifically, the trial court shall make the following findings regarding
each item Reed seeks to have tested: (1) whether the item still exists and is in a condition
making DNA testing possible; (2) whether the item has been subjected to a chain of custody
sufficient to establish that it has not been substituted, tampered with, replaced, or altered in
any material respect; (3) whether there is a reasonable likelihood that the item contains
biological material suitable for DNA testing; and (4) whether identity was or is an issue in
this case.3
The trial court shall forward these additional findings to this Court within 60 days of
this order. Any extensions of time shall be obtained from this Court.
Filed: June 29, 2016
Do not publish
1
T EX. C ODE C RIM. P ROC. art. 64.03(a)(2)(A)–(B).
2
See id. art. 64.03(a)(1)(A)–(C).
3
Id.