The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-49,763-02
EX PARTE MARTIN LUCIO SANTILLAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W97-51514-R(B) IN THE 265TH DISTRICT COURT
FROM DALLAS COUNTY
Per curiam. YEARY , J., filed a concurring opinion.
OPINION
Applicant was convicted of capital murder and sentenced to life imprisonment. The Fifth
Court of Appeals affirmed his conviction. Santillan v. State, No. 05-98-00532-CR (Tex. App.—May
11, 2000) (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 that new DNA evidence shows that he is actually innocent and that he
entitled to relief on the basis of Texas Code of Criminal Procedure Article 11.073. The trial court
has determined, and the State agrees, that Applicant has established (1) by clear and convincing
evidence that he is actually innocent and (2) that had the scientific evidence been presented at his
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trial, on the preponderance of the evidence, Applicant would not have been convicted.
We agree. Relief is granted. Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996);
TEX . CODE CRIM . PRO . art. 11.073. The judgment in cause number F97-51514-UR in the 265th
District Court of Dallas County is set aside, and Applicant is remanded to the custody of the Sheriff
of Dallas 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 22, 2023
Do not publish