Smith, Antoine Lamont

• Court: Court of Criminal Appeals of Texas
• Decided: June 11, 2014
• Docket: WR-77,897-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-77,897-01

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EX PARTE ANTOINE LAMONT SMITH, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W05-55554-K(A) IN THE CRIMINAL DISTRICT COURT NO. 4

FROM DALLAS COUNTY

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            Per curiam.

O R D E R

            Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). A jury convicted Applicant of murder, and he was sentenced to life in prison. The Fifth Court of Appeals affirmed the conviction. Smith v. State, No. 05-08-01115-CR (Tex. App.—Dallas Aug. 18, 2010).

            Applicant raises many claims in his habeas application, including claims of ineffective assistance of trial and appellate counsel and claims of perjury regarding the seizure of a pistol. After an independent review of the habeas record, this Court holds that Applicant’s claims lack merit. See Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Weinstein, ___ S.W.3d ___, No. WR-78,989-01 (Tex. Crim. App. Mar. 10, 2014); Haywood v. State, 507 S.W.2d 756 (Tex. Crim. App. 1974).

            In a supplemental habeas application, Applicant raises a claim of actual innocence. He provided an unsworn declaration purportedly made by Jeramie Dotsy that reads, in pertinent part:

[Applicant] is not guilty of the murder charge he was accused of on 08-02-2005. The truth of the matter is I committed the crime and he had nothing to do with it. I am writing this statement in all hopes to clear his name. I take full responsibility for this crime.

The trial court did not hold an evidentiary hearing but finds, based on the existing record: “[T]he statement of Jeramie Dotsy is not credible.”

            Dotsy was involved in the murder and was also convicted of it pursuant to a plea agreement. Under the factual circumstances of the murder and the procedural histories of Applicant and Dotsy’s prosecutions, this Court finds that the trial court’s recommendation to deny relief is supported by the record. Applicant fails to demonstrate that he is actually innocent, and this Court holds that the claim lacks merit. See Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996).

            All relief is denied.

Filed: June 11, 2014

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