Jimenez, Rosa Estella

• Court: Court of Criminal Appeals of Texas
• Decided: May 31, 2023
• Docket: WR-75,266-04
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-75,266-04

EX PARTE ROSA ESTELA OLVERA JIMENEZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. D-1-DC-04-904165-D IN THE 299TH DISTRICT COURT FROM TRAVIS COUNTY

Per curiam. KELLER , P.J., YEARY and KEEL JJ. dissented.

OPINION

Applicant was convicted of one count of murder and one count of injury to a child and

sentenced to 99 years’ imprisonment. The Third Court of Appeals affirmed her conviction. Jimenez

v. State, 240 S.W.3d 384 (Tex. App. 2007). 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 she is actually innocent. She also claims her due process rights were

violated because the State presented false and misleading testimony during her trial and there is a

reasonable likelihood that the false and misleading testimony affected the jury's decision. Based on

the record, the trial court has determined that Applicant has established by clear and convincing 2

evidence that she is actually innocent and that she was convicted on the basis of false testimony.

While we do not agree that Applicant has established affirmative evidence exists of her actual

innocence, we do agree she is entitled to relief on false testimony. Relief is granted. Ex parte

Chabot, 300 S.W.3d 768, 772 (Tex. Crim. App. 2009). The judgment in cause number D-1-DC-04-

904165 in the 299th District Court of Travis County is set aside, and Applicant is remanded to the

custody of the Sheriff of Travis 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Delivered: May 31, 2023 Do not publish