The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-28,073-02
EX PARTE JAMES REYOS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. A-14,583-B IN THE 70TH DISTRICT COURT
FROM ECTOR COUNTY
Per curiam. YEARY, J., filed a concurring opinion.
OPINION
Applicant was convicted of murder and sentenced to 38 years’ imprisonment. The Eighth
Court of Appeals affirmed his conviction. Reyes v. State, No. 08-83-0026-CR (Tex. App.–El Paso,
Nov. 21, 1984). 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);
Ex parte Tuley, 109 S.W.3d 388 (Tex. Crim. App. 2002). The judgment in cause number A-14,583
2
in the 70th District Court of Ector County is set aside, and Applicant is remanded to the custody of
the Sheriff of Ector 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: October 4, 2023
Do not publish