Ex Parte Harmon

Court of Criminal Appeals of Texas

Ex Parte Harmon

116 S.W.3d 778, 2003 Tex. Crim. App. LEXIS 536, 2002 WL 32174423

CourtCourt of Criminal Appeals of Texas

DecidedOctober 8, 2003

Docket74432

StatusPublished

Cited by16 cases

This text of 116 S.W.3d 778 (Ex Parte Harmon) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ex Parte Harmon, 116 S.W.3d 778, 2003 Tex. Crim. App. LEXIS 536, 2002 WL 32174423 (Tex. 2003).

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Opinions

OPINION

PER CURIAM.

This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of aggravated sexual assault, and punishment, enhanced by a prior conviction, was assessed at thirty years’ imprisonment. This conviction was affirmed, Harmon v. State, No. 07-94-107-CR (Tex. [779]*779App.-Amarillo, delivered April 5, 1996, no pet.).

Applicant contends that he is actually innocent, as demonstrated by the complainant’s affidavit that her trial testimony was false and was prompted by her natural father’s sister, and that Applicant never sexually assaulted her. The trial court has conducted a hearing and entered findings that the complainant’s recantation is credible, and recommends that relief be granted. Applicant is entitled to relief.

Relief is granted. The judgment in cause number F94-00256-W in the 363rd Judicial District Court of Dallas County is set aside, and Applicant is remanded to the trial court to answer the charges against him.

WOMACK, J., dissents.

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