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Ayers v. State

Court of Appeals of Texas, Fourteenth District

December 17, 2013

ORLEAN AYERS
v.
THE STATE OF TEXAS

CAUSE NO. 597938

MOTION FOR OBJECTION FOR THE PRESERVATION OF APPELLATE REVIEW PURSUANT TO ART. 64.04

TO THE HONORABLE JUDGE OF SAID COURT:

Comes Now Respectfully, ORLEAN AYERS, Movant, in the above style and number cause who is proceeding in pro se files and submits this Objection For The Preservation Of Appellant Review.

STATEMENT OF FACTS

1. On June 2, 1992 Orlean Ayers (Defendant) was convict by a jury for the felony offense of Aggravated Robbery in cause number 597938 in the 176th District Court of Harris County, Texas and was sentenced to confinement for life in the Texas Department of Criminal Justice- Institutional Division.
2. On May 12, 1994 the Fourteeth Court of appeals delivered an opinion affirming the trial court's judgement in cause number 597938- Ayers v. State 879 S.W.2d 176 (Tex.App. Houston [14th Dist.] 1994. no pet.)
3. On December 24, 2008, Defendant filed a Motion for Forensic DNA Testing and Appointment of Counsel pursuant to Chapter 64 of the Code of Criminal Procedure in cause number 597938.
4. On April 29, 2009, The trial Court appointed Mark Hochglaube to represent Defendant in the Chapter 64 proceeding in the cause number 597938.
5. on January 27, 2011, Houston Police Department Identification Division, Ron Smith & Associates, Inc. re-examined (34) thirty-four latent prints at the request of Harris County District Attorney Alicia 0'Neill."Latent print examination report HPD incident:. #043518991-O.
6. On February 1, 2011, the trial Court entered finding of facts'-granting post-conviction DNA Testing on latent print evidence and .32 caliber revolver which was to be conducted by the Texas Department of Public Safety-Crime Laboratory (TDPS-CL) in cause number 597938,
7. On August 5, 2011; Defendant filed a motion objecting to State excluding relevant DNA evidence (right index fingerprint L-2 of the RS&A inc. re-examine) with oder for testing.
8. On December 14/ 2012, the Texas Deptst of Public Safety completed DNA test on the latent prints and revolver- Laboratory#L2H-214408, Agency # 0435189910, County-Harris, Offense date 05/01/91
9.On December 21, 2012, Jennifer Moreno wrote an affidavit expounding "only" on the DNA analysis conducted on the fingerpri-ntlift cards
10. On January 8, 2013, the 176th District Court of Harris County Texas issued an ex parte order without a live hearing based on State's ...

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