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Gary Donas Luttrell v. State
Citation: Not availableDocket: 02-03-00060-CR
Court: Court of Appeals of Texas; August 19, 2004; Texas; State Appellate Court
Original Court Document: View Document
Gary Donas Luttrell appeals the trial court's denial of his motion for DNA testing related to three criminal convictions. He argues that the trial court improperly denied the motion due to the State's failure to account for potential evidence that could be tested. Under Texas law, a court may order DNA testing only if it determines that the evidence still exists and is suitable for testing, as per Tex. Code Crim. Proc. Ann. art. 64.03(a)(1). A police affidavit indicated that all evidence pertaining to Luttrell's cases was destroyed before the enactment of article 38.39, which mandates the preservation of biological evidence. This affidavit satisfies the State's burden of proof and corroborates the trial court's finding that no biological evidence remains for testing. Consequently, the court upheld the denial of Luttrell's request for DNA testing. The appeal was ultimately overruled, and the trial court's order was affirmed by the Court of Appeals.