NO. _______________
			
STATE OF TEXAS					§	IN THE _____DISTRICT COURT
							§

V.							§	OF
							§
MR. DEFENDANT					§   	_____________COUNTY, TEXAS

MOTION FOR FORENSIC DNA TESTING
PURSUANT TO ART. 64.01 OF THE 
TEXAS CODE OF CRIMINAL PROCEDURE

	COMES NOW, Mr. Defendant, by and through his attorney of record and moves the court to allow him to conduct forensic DNA testing pursuant to article 64.01 of the Texas Code of Criminal Procedure and in support of this Motion, would respectfully show the court the following:
I.
	Mr Defendant was convicted pursuant to [a jury trial or a plea bargain] and sentenced on ________, 200_.  Sentence was pronounced in open court on _____, 200_.  Defendant is now incarcerated in the _________unit of the Texas Department of Criminal Justice-institutional division, ______unit in _______Texas.  As evidenced by his affidavit, Mr. Defendant is presently indigent and cannot afford counsel.  
II.
	During the investigation of Defendant’s case, samples containing biological material were collected by law enforcement.  
[In very specific terms, set out here the specific items of evidence you want tested and what is on that item if known; sperm, blood, etc]
III
	The samples were in possession of the state at the time of trial and remain in the sole possession, custody and control of law enforcement at this time.  The aforementioned evidence was not previously subjected to DNA testing through no fault of the Defendant. At the time of trial, DNA testing was not available(OR) DNA testing was available at the time of trial, however, it was not technologically capable of providing probative results. (OR) Although previously subjected to DNA testing, the evidence can be subjected to testing with newer testing techniques that provide a reasonable likelihood of results that are more accurate and probative than the results of the previous test. (OR) The reasons for the testing at this time are of such a nature that the interests of justice require DNA testing.
	The identification of the perpetrator was an issue at trial. 
	Had the testing requested been available and performed before trial, there is a probability that the defendant would not have been prosecuted or convicted.  Had Defendant been tried for this offense, the DNA results would have exonerated the defendant.  The requested testing will not delay execution of sentence in this case.
	Defendant requests the Court make inquiry to the state regarding the existence of the specific items and materials to be tested.
	Attached hereto as Exhibit A is Defendant’s sworn affidavit containing statements of fact in support of his motion. 
	WHEREFORE, Defendant prays that this court order the state of Texas to subject the above-referenced biological material to DNA testing pursuant to the provisions of Article 64.01 et seq.  If the court finds that testing in this case is not appropriate, Defendant requests the court enter an order so stating.

								Respectfully Submitted

								________________________
								Attorney for Defendant
	
CERTIFICATE OF SERVICE

	This is to certify that a true and correct copy of the foregoing motion was this day mailed to the attorney for the state.  This ___ day of _______________, 20____.

								____________________________
								Attorney for Defendant

AFFIDAVIT OF MR. DEFENDANT

NO. 

THE STATE OF TEXAS	§	IN THE DISTRICT COURT OF
§
§	COUNTY, TEXAS
§
Mr. Defendant	§	JUDICIAL DISTRICT

ORDER

	ON THIS day came on to the heard the foregoing Defendant’s Motion for Forensic DNA Testing Pursuant to Art. 64.01 of the Texas Code of Criminal Procedure.  The Court, having considered the Motion and argument of counsel, it is hereby _______________________.

SIGNED this _____ day of ____________________, 20______.

____________________________
JUDGE PRESIDING