The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,146-01
EX PARTE CALVIN DEMOND REED, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1110368-A IN THE 263RD DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. YEARY and SLAUGHTER , JJ. dissented.
OPINION
Applicant was convicted of aggravated sexual assault of child and sentenced to twenty years’
imprisonment. The First Court of Appeals affirmed his conviction. Reed v. State, No. 01-09-00869-
CR (Tex. App.— Houston [1st Dist.] Apr. 1, 2010). 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 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 1110368
in the 263rd District Court of Harris County is set aside, and Applicant is remanded to the custody
of the Sheriff of Harris 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: MAY 31, 2023
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