IN THE
TENTH COURT OF APPEALS
No. 10-12-00193-CR
MICHAEL ANTHONY MOORE,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 272nd District Court
Brazos County, Texas
Trial Court No. 17957-272
MEMORANDUM OPINION
Michael Anthony Moore appeals the denial of his motion for DNA testing under
Chapter 64 of the Texas Code of Criminal Procedure. As in Williams v. State, No. 01-04-
00772-CR, 2005 Tex. App. LEXIS 2284, *9 (Tex. App.—Houston [1st Dist.] March 24,
2005, pet. ref’d) (not designated for publication), the record reflects that there was
uncontroverted evidence that the State no longer had possession of any biological
material related to Moore’s case. You cannot test what you do not have. The trial court
did not err in denying Moore’s motion for DNA testing. TEX. CODE CRIM. PROC. ANN.
art. 64.03(a)(1)(A)(i) (West Supp. 2012). Moore’s issues are overruled, and the trial
court’s order is affirmed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Affirmed
Opinion delivered and filed January 10, 2013
Do not publish
[CRPM]
Moore v. State Page 2