Glenn, Sylvania Lorene

• Court: Court of Criminal Appeals of Texas
• Decided: April 25, 2007
• Docket: WR-25,226-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-25,226-03 EX PARTE SYLVANIA LORENE GLENN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1993-487-C IN THE 54^TH DISTRICT COURT

FROM MCLENNAN COUNTY

Per curiam.

O R D E R

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3. Applicant was convicted of indecency with a child and punishment, enhanced by a prior conviction, was assessed at confinement for life. Appeal from this conviction was affirmed, Glenn v. State, No. 10-93-250-CR (Tex. App. - Waco, delivered June 15, 1994, pet. ref'd)

Applicant contends that she is actually innocent, as shown by the complainant's recantation. The trial court has not entered any findings of fact.

It is this Court's opinion that additional facts need to be developed, and since this Court cannot hear evidence, Ex Parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum. The trial court may use any means set out in Tex. Code Crim. Proc. art. 11.07, § 3(d) to determine whether the complainant has recanted his trial testimony. If he has recanted, the court shall further determine whether such recantation is credible and establishes that Applicant is actually innocent of this offense.

If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an attorney to represent Applicant at the hearing. Tex. Code Crim. Proc. art. 26.04.

The trial court shall make findings of fact as to whether the complainant has recanted his trial testimony. If so, the trial court shall also make other findings of fact and conclusions of law that it deems relevant and appropriate to its determination of whether that recantation is credible and whether Applicant is actually innocent of this offense, including a summary of the evidence presented at Applicant's trial.

This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 90 days of this order. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with the trial court's supplemental findings of fact and conclusions of law, shall be returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: April 25, 2007

DO NOT PUBLISH