Taylor, Ex Parte Ronald Gene

• Court: Court of Criminal Appeals of Texas
• Decided: November 7, 2007
• Docket: AP-75,789
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,789 EX PARTE RONALD GENE TAYLOR, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 669340-A IN THE 208TH DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O P I N I O N

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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault and sentenced to sixty (60) years' imprisonment. The First Court of Appeals affirmed his conviction. Taylor v. State, No. AP-01-95-00495-CR, (Tex. App - Houston [1^st Dist.], 1997, no pet.) (Not designated for publication).

Applicant contends that he is actually innocent of this offense, that he always maintained that he was innocent, and that his innocence was confirmed by recent DNA testing which tied another assailant to this offense. The trial court conducted a hearing and entered findings of fact and conclusions of law recommending that relief be granted. See Ex parte Elizondo, 947 s.W.2nd 202 (Tex. Crim. App. 1996). The trial court's recommendation is supported by the record.

Relief is granted. The judgment in Cause No. 669340-A in the 208th Judicial District Court of Harris County is set aside, and Applicant is remanded to the custody of the Sheriff of Harris County to answer the charge against him.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division.

Delivered: November 7, 2007

Do Not Publish