May, Jecory Robert

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,399-01
EX PARTE JECORY ROBERT MAY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W366-82038-04-HC IN THE 366TH DISTRICT COURT
FROM COLLIN COUNTY
Per curiam. HERVEY AND YEARY , JJ., dissented.
OPINION
Applicant was convicted of sexual assault of a child and sentenced to ten years’
imprisonment. He did not appeal his conviction. Applicant filed this application for a writ of habeas
corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX . CODE
CRIM . PROC. art. 11.07.
In a single ground, Applicant contended that he is actually innocent. Applicant and the State
jointly signed agreed proposed findings of fact and conclusions of law. The trial court adopted these,
found the complainant’s recantations credible, concluded that Applicant established that he is
actually innocent, and recommended that the Court grant him a new trial. This Court remanded the
case, ordering the trial court to (1) conduct a live evidentiary hearing on the matter at which the
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complainant would be called to testify; and (2) to make specific supplemental findings. The trial
court conducted the ordered evidentiary hearing, made agreed supplemental agreed findings of fact
and conclusion of law, and again recommends that the Court grant Applicant relief on actual
innocence grounds.
Relief is granted. Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996); Ex parte
Tuley, 109 S.W.3d 388 (Tex. Crim. App. 2002). The judgment in cause number 366-82038-04 in
the 366th District Court of Collin County is set aside, and Applicant is remanded to the custody of
the Sheriff of Collin County to answer the charges as set out in the indictment. The trial court shall
issue any necessary bench warrant within ten days from the date of this Court’s mandate.
Delivered: September 7, 2022
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