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Click here for the full text of this decision FACTS:During an evening of drinking beer while driving his pickup truck around Harrison County, Ray Dale Hooks hit and killed Roger Carney with the truck. In a voluntary statement given to an investigator, Hooks admitted that he had been driving around, drinking beer since about 4:00 p.m. the day of the accident, and that he hit Carney with his truck. At trial, Hooks pled not guilty to intoxication manslaughter, but guilty to leaving the accident scene. The jury found Hooks guilty of both offenses. Hooks was sentenced to life imprisonment. On direct appeal, this Court affirmed Hooks’ convictions. After his convictions were affirmed, Hooks filed a habeas corpus proceeding. He also pursued post-conviction DNA testing litigation seeking analysis of blood and hair samples. From the trial court’s denial of his request for DNA testing, Hooks appeals. HOLDING:Affirmed. Hooks complains that the trial court improperly denied his motion for post-conviction DNA testing based in part on an imaginative, but unsupported, conspiracy theory. He suggests that the officer who collected DNA samples from Hooks and Carney after the incident intentionally switched them and “concocted a scene” falsely portraying Hooks as guilty. Hooks further suggests that the officer was part of an “endless conspiracy” against him, a conspiracy that also involved Hooks’ appointed counsel, the prosecuting attorney, and the trial judge. In his brief on the merits, Hooks claims that identity was an issue in his underlying trial as required by Chapter 64 of the Texas Code of Criminal Procedure, the trial court erred in dealing with Hooks’ bill of exceptions, appointed counsel provided ineffective assistance in the DNA testing litigation, the trial judge should have been disqualified from the DNA testing litigation, and the evidence in the original trial was insufficient to show that Hooks was intoxicated. Since identity was not an issue in his original trial, Hooks is not entitled to post-conviction DNA testing. The trial court’s handling of Hooks’ bill of exceptions in the DNA testing litigation was not reversible error. The purpose of a bill of exceptions is to preserve for the appellate court evidence excluded at trial. Despite Hooks’ complaints, the record includes all the evidence he claims was excluded. Ineffective assistance of counsel is not an available issue in post-conviction DNA testing litigation. The court has no jurisdiction in this action to review the failure to disqualify or recuse the trial judge from the related habeas corpus proceeding. This court lacks jurisdiction over issues not strictly arising out of the denial of post-conviction DNA testing. The court has no jurisdiction in this action to review the sufficiency of the evidence to support Hooks’ underlying conviction. OPINION:Morriss, C.J.; Morriss, C.J., Ross and Carter, J.J.

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