IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
FROM COLLIN COUNTY
STATEMENT
Applicant supports his claim of actual innocence with an unsigned and unsworn letter that asserts that the writer has knowledge that someone other than applicant committed the offense for which applicant was convicted and sentenced to death. Applicant has thereby raised an issue of identity.
Applicant has filed a motion in the trial court pursuant to Tex. Code Crim. Proc., Chapter 64. That motion was submitted on January 12, 2005, and is still pending. Cause No. 75,027, Collin County. One of the conditions required for testing under Chapter 64 is that "identity was or is an issue in the case." Art. 64.03(a)(1)(B). Applicant may litigate the assertions in the anonymous letter about the identity of the perpetrator in that hearing, and if testing is denied may appeal the denial to this Court. At that point, there will be a more complete record, including findings of fact and conclusions of law, which will enable this Court to properly consider applicant's claim of actual innocence.
Filed: April 13, 2005
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