IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. W86-90792-L(B) IN CRIMINAL DISTRICT COURT NO. 5
FROM DALLAS COUNTY
O P I N I O N
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault and sentenced to life imprisonment. The Fifth Court of Appeals affirmed his conviction. Smith v. State, No. 05-87-00191-CR (Tex. App.-Dallas, delivered January 26, 1988, no pet.).
Applicant contends that he is actually innocent based on DNA testing conducted pursuant to Chapter 64 of the Texas Code of Criminal Procedure. The trial court concluded in its Chapter 64 findings that the DNA testing excludes Applicant as a contributor, and in its response to Applicant's claim, the State agreed that the DNA testing exonerates Applicant.
We believe that Applicant has established by clear and convincing evidence that no reasonable juror would have convicted him in light of the DNA results. Ex parte Elizondo, 947 S.W.2d 202, 209 (Tex. Crim. App. 1996); Ex parte Franklin, 72 S.W.3d 671, 677 (Tex. Crim. App. 2002). Accordingly, relief is granted. The judgment in Cause No. F86-90792-UL in Criminal District Court No. 5 of Dallas County is set aside, and Applicant is remanded to the custody of the Sheriff of Dallas County to answer the charges against him.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division.
Delivered: December 13, 2006
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