Massingill, Anthony Ray ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-13,685-05 & WR-13,685-06
EX PARTE ANTHONY RAY MASSINGILL, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. W79-13007-I(A) & W79-13004-I(A)
IN THE CRIMINAL DISTRICT COURT NUMBER TWO
FROM DALLAS COUNTY
Per curiam. K EASLER, J., not participating.
OPINION
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 these applications for writs of habeas corpus. Ex
parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated
robbery and aggravated rape. He was sentenced to ten years’ imprisonment in each cause.
Applicant contends that he has newly discovered evidence that he is actually innocent of this
offense. The trial court has determined that no rational jury would have convicted Applicant in light
of the new evidence, which was previously unavailable to Applicant. The evidence, obtained
pursuant to post-conviction DNA testing and investigation, indicates that it was another individual,
and not Applicant, who committed this offense. Applicant is entitled to relief. Ex parte Elizondo, 947
S.W.2d 202, 209 (Tex. Crim. App. 1996).
Relief is granted. The judgments in Cause Nos. 79-13004-I and 79-13007-I in Criminal
District Court Number 2 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. The trial court shall issue any
necessary bench warrant within 10 days after the mandate of this Court issues.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional
Institutions Division and Parole Division.
Delivered: September 17, 2014
Do Not Publish