Massingill, Anthony Ray ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-13,685-07
EX PARTE ANTHONY RAY MASSINGILL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 79-13005-I
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 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 rape
and sentenced to life imprisonment. The Fifth Court of Appeals affirmed his conviction. Massingill
v. State, No. 05-81-00395-CR (Tex. App.–Dallas Feb. 24, 1982)(not designated for publication).
Applicant contends that false testimony was presented at his punishment hearing. In order
to obtain relief, Applicant must show that the testimony in question was false and that it was material
to his punishment. Ex parte Weinstein, 421 S.W.3d 656 (Tex. Crim. App. 2014). Applicant’s claims
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are based on newly discovered DNA evidence of his innocence in two unrelated cases. Testimony
regarding Applicant’s guilt in those unrelated cases was presented at the punishment phase of this
trial. The DNA evidence now shows that the testimony presented was false, although no one knew
that it was false when it was presented to the trial court.
The trial court has determined that the testimony presented was false, and that it was material
to the court’s determination of Applicant’s punishment. We agree. Relief is granted. The sentence
in Cause No. 79-13005-I in Criminal District Court Number Two of Dallas County is set aside, and
Applicant is remanded to the custody of the Sheriff of Dallas County for a new punishment hearing.
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 Pardons and Paroles Division.
Delivered: September 17, 2014
Do not publish