Court of Criminal Appeals of Texas

Bryan Eric Wolfe, Appellant v. the State of Texas

November 12, 20032003 Tex. Crim. App. LEXIS 826

Summary

The Court of Criminal Appeals held that the trial court's denial of an independent DNA expert is not appealable under Article 64.05 because the statute authorizes appeal only of findings under Articles 64.03 or 64.04. Accordingly, the appellant's appeal was dismissed, affirming the lower court's decision. Justice Keasler, in a concurring opinion, criticized the majority's reliance on legislative history and reiterated the plain‑meaning rule.