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