IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-64,017-05
EX PARTE CHRISTOPHER EUGENE WIMBERLEY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 54,705-E IN THE 27TH DISTRICT COURT
FROM BELL COUNTY
Per curiam.
ORDER
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
robbery and sentenced to fifty years’ imprisonment. The Third Court of Appeals affirmed his
conviction. Wimberly v. State, No. 03-03-00726-CR (Tex. App.—Austin Oct. 13, 2005)(not
designated for publication).
Applicant contends that he is actually innocent, basing his claim on the confession of another
person. We order that this application be filed and set for submission to determine whether: (1) the
newly confessing party, Tones’, affidavit is consistent with his testimony at the habeas hearing and
any prior statements he has made regarding any of his convictions; (2) whether Tones’ confession
is consistent with the testimony from witnesses to the robbery who testified at Applicant’s original
trial; and (3) whether the original eyewitnesses descriptions of the robber match Applicant, Tones,
or both. The parties shall brief these issues. Oral argument is permitted.
It appears that Applicant is represented by counsel. Applicant’s brief shall be filed with this
Court within 30 days of the date of this order. The State’s response shall be filed within 30 days after
the filing of Applicant’s brief.
Filed: May 25, 2016
Do not publish