Day, Tyrone

• Court: Court of Criminal Appeals of Texas
• Decided: April 26, 2023
• Docket: WR-41,993-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-41,993-03

EX PARTE TYRONE DAY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W89-99038-L(C) IN THE CRIMINAL DISTRICT COURT NO. FIVE FROM DALLAS COUNTY

Per curiam.

OPINION

Applicant pleaded guilty and was convicted of sexual assault. He was sentenced to forty

years’ imprisonment. 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.

Applicant contends that he is entitled to relief based on scientific evidence not available at

the time of his initial plea and that his plea was involuntary. The State and the trial court agree that

Applicant is entitled to relief.

We agree. Relief is granted based on new scientific evidence under Tex. Code of Criminal

Procedure Sec. 11.073. The judgment in cause number F89-99038-TL in the Criminal District Court

No. Five of Dallas County is set aside, and Applicant is remanded to the custody of the Sheriff of 2

Dallas 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.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and the Board of Pardons and Paroles.

Delivered: April 26, 2023 Do not publish