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116 S.W.3d 778

Ex Parte Harmon

Court of Criminal Appeals of Texas

Decided October 8, 2003

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Court of Criminal Appeals of Texas · decided 2003-10-08

Cited by 3 later decisions — most recently June 2014

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2003-10-08

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¶1OPINION

PER CURIAM.

¶2This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of aggravated sexual assault, and punishment, enhanced by a prior conviction, was assessed at thirty years’ imprisonment. This conviction was affirmed, Harmon v. State, No. 07-94-107-CR (Tex. *779App.-Amarillo, delivered April 5, 1996, no pet.).

¶3Applicant contends that he is actually innocent, as demonstrated by the complainant’s affidavit that her trial testimony was false and was prompted by her natural father’s sister, and that Applicant never sexually assaulted her. The trial court has conducted a hearing and entered findings that the complainant’s recantation is credible, and recommends that relief be granted. Applicant is entitled to relief.

¶4Relief is granted. The judgment in cause number F94-00256-W in the 363rd Judicial District Court of Dallas County is set aside, and Applicant is remanded to the trial court to answer the charges against him.

WOMACK, J., dissents.
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