Quinney, Melvin AKA Quinney, Melvin George

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-94,186-01

EX PARTE MELVIN GEORGE QUINNEY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1990CR4339-W1 IN THE 227TH DISTRICT COURT FROM BEXAR COUNTY

Per curiam. YEARY , J. dissented.

OPINION

Applicant was convicted of indecency with a child and sentenced to twenty years’

imprisonment. The Fourth Court of Appeals affirmed his conviction. Quinney v. State, No. 04-91-

00541-CR (Tex. App. — San Antonio May 27, 1992) (not designated for publication). 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, among other things, that he is actually innocent. Based on the record,

the trial court has determined that Applicant has established by clear and convincing evidence that

he is actually innocent.

We agree. Relief is granted. Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996); 2

Ex parte Tuley, 109 S.W.3d 388 (Tex. Crim. App. 2002). The judgment in cause number 90-CR-

4339 in the 227th District Court of Bexar County is set aside, and Applicant is remanded to the

custody of the Sheriff of Bexar 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Delivered: February 15, 2023 Do not publish