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: November 22, 2016
Date Decided: December 9, 2016
Do Not Publish
2
Lee Vert Smith v. State
Combined Opinion