Wallis, Ex Parte Gregory Wayne ( 2007 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,586

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EX PARTE GREGORY WAYNE WALLIS, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM CAUSE NUMBER W88-96348-K

IN CRIMINAL DISTRICT COURT 4 OF DALLAS COUNTY

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Per curiam.   O P I N I O N  

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of burglary of a habitation with intent to commit sexual assault, and punishment was assessed at fifty years' imprisonment. Applicant's conviction was affirmed on appeal. Wallis v. State, No. 05-89-00507-CR (Tex. App. -- Dallas, delivered August 28, 1990, no pet.).

Applicant contends that he is actually innocent of this offense due to exonerating post-conviction DNA testing results. Post-conviction DNA testing was granted by the trial court, and in a report dated February 14, 2006, Applicant was excluded as a contributor to the DNA profiles obtained from evidence tested in the instant case. The trial court has entered findings that had these test results been available before or during the trial of cause number F88-96348-K, it is reasonably probable that Applicant would not have been convicted. We agree with the trial court, that Applicant has shown, based on the newly discovered evidence, that no rational trier of fact could find proof of guilt beyond reasonable doubt. Therefore, Applicant is entitled to a new trial.

Habeas corpus relief is granted. The judgement and sentence cause number F88-96348-K from Criminal District Court 4 of Dallas County is vacated, and Applicant is ordered remanded to the custody of the Sheriff of Dallas County so that he may answer the charges against him.

DELIVERED: January 10, 2007

DO NOT PUBLISH