Johnnie Dunning v. State ( 2018 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-17-00166-CR
Johnnie Dunning § From the 371st District Court
§ of Tarrant County (0632435D)
v. § March 1, 2018
§ Opinion by Justice Walker
The State of Texas § (p)
JUDGMENT
This court has considered the record on appeal in this case and holds that
there was error in the trial court’s judgment. We vacate the trial court’s May 17,
2017 “not favorable” finding and remand this case to the trial court for an entry of
a finding that had the post-conviction DNA test results attained by Dunning been
available during the trial of the offense, it is reasonably probable that Dunning
would not have been convicted.
SECOND DISTRICT COURT OF APPEALS
By _/s/ Sue Walker___________________
Justice Sue Walker