Chavez, Ex Parte Juan Manuel

• Court: Court of Criminal Appeals of Texas
• Decided: February 24, 2010
• Docket: AP-76,291
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. AP-76,291

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EX PARTE JUAN MANUEL CHAVEZ, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 639093 IN THE 174th DISTRICT COURT

FROM HARRIS COUNTY

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           Per curiam.

O R D E R

            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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of aggravated sexual assault and sentenced to thirty-five years’ imprisonment in each count.

            Applicant contends that a new trial is required because of newly available evidence that excludes Applicant as the source of the hair that the State asserted at trial matched his. We order that this application be filed and set for submission to determine whether the State presented false testimony in this case and, if so, whether the Applicant is entitled to relief based on the rationale set out in this Court’s opinion in Ex parte Chabot. The parties shall brief these issues.

            It appears that Applicant is represented by counsel. If that is not correct, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing: a confirmation that Applicant is represented by counsel; the order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with this Court on or before May 26, 2010.

Filed: February 24, 2010

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