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Click here for the full text of this decision FACTS:M.B. Jackson was convicted of sexual assault in 1986 and sentenced to 60 years of imprisonment. In 2004, he filed a motion for post-conviction DNA testing under Texas Code of Criminal Procedure Art. 64.01. Jackson obtained results from that testing one year later. Jackson then filed a brief with Judge Kenneth H. Keeling of the 278th District Court of Walker County, addressing the requirements of Chapter 64 and the pertinent facts, and presenting argument supporting his request for further relief by way of Art. 64.04. Keeling, however, did not made a finding as required by Art. 64.04. Jackson filed a petition for a writ of mandamus compelling Keeling to make a finding as required by Art. 64.04. HOLDING:The court conditionally granted the petition for a writ of mandamus. Article 64.04, the court stated, provides: “After examining the results of testing under Article 64.03, the convicting court shall hold a hearing and make a finding as to whether, had the results been available during the trial of the offense, it is reasonably probable that the person would not have been convicted.” Thus, the court stated, Art. 64.04 imposes two requirements in a case in which postconviction DNA testing has been ordered. First, the trial court is required to hold a hearing regarding the results of the testing. And second, the trial court is required to “make a finding as to whether, had the results been available during the trial of the offense, it is reasonably probable that the person would not have been convicted.” The court found that Keeling had a ministerial duty to make a finding under Art. 64.04. Depending on Keeling’s finding, the court stated, Jackson may ultimately be able to have his conviction set aside, or Keeling may determine that there is no reasonable probability that Jackson would not have been convicted even if the results of the testing had been available at trial. If Keeling makes the latter finding, the court stated that Jackson can appeal that adverse finding. But Jackson cannot appeal, the court stated, until such a finding is made. Thus, the court found that the requirements for mandamus relief � that the act sought to be compelled was purely ministerial and that there was no adequate remedy at law � were met. OPINION:Reyna, J.; Gray, C.J., and Vance and Reyna, JJ.

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