IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
EX PARTE JOSIAH SUTTON, Applicant
ON APPLICATION FOR WRIT OF HABEAS CORPUS
CAUSE NUMBER 800450 IN THE 183RD DISTRICT COURT
FROM HARRIS COUNTY
O P I N I O N
The prior order issued in this case was withdrawn on May 18, 2005. This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Texas Code of Criminal Procedure, Article 11.07. Ex parte Young, 418 S.W.2d 824, 824 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault and sentenced to twenty-five years in prison. Appeal was perfected and the conviction was affirmed.
Applicant contends, inter alia, that he is actually innocent. The trial court has entered findings of fact and conclusions of law in which it has found that Applicant is entitled to habeas corpus relief. After a review of the record, we agree with the trial court's determination and find that Applicant is entitled to habeas corpus relief. The DNA used to convict Applicant, originally tested by the Houston Crime Lab, was retested by an independent laboratory at the request of the State. The results exclude Applicant as a possible assailant. The judgment in cause number 800450 from the 183rd Judicial District Court of Harris County, Texas, is vacated. Applicant is remanded to the custody of the Sheriff of Harris County to answer to the indictment. Applicant's remaining claims are denied.
A copy of this opinion shall be sent to the Texas Department of Criminal Justice, Correctional Institutions Division.
DO NOT PUBLISH
DELIVERED: May 25, 2005.