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PATE v. STATE

No. A08A1259.

665 S.E.2d 907 (2008)

PATE v. The STATE.

Court of Appeals of Georgia.

July 18, 2008.

Attorney(s) appearing for the Case

Barry Pate, pro se.

T. Joseph Campbell, District Attorney, for appellee.

JOHNSON, Presiding Judge.

In November 2001, Barry Pate was convicted of three counts of aggravated sexual battery and other offenses.1 On November 1, 2007, Pate filed a pro se motion pursuant to OCGA § 5-5-41(c), seeking DNA testing of a latex glove introduced into evidence at his trial. He also filed a written request for a hearing on the motion. The following day, November 2, 2007, the trial court entered an order denying the motion...

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