Shelton, Michael Dewayne ( 2016 )


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  •               IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-84,754-01
    EX PARTE MICHAEL DEWAYNE SHELTON, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 1993-510-C2A IN THE 54TH DISTRICT COURT
    FROM MCLENNAN COUNTY
    Per curiam.
    ORDER
    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 a writ of habeas corpus. Ex parte
    Young, 
    418 S.W.2d 824
    , 826 (Tex. Crim. App. 1967). Applicant was convicted of sexual assault
    and sentenced to imprisonment for twenty years.
    Applicant contends that he is actually innocent and that had scientific evidence been
    presented at trial, on the preponderance of the evidence he would not have been convicted. Ex parte
    Elizondo, 
    947 S.W.2d 202
    (Tex. Crim. App. 1996); TEX . CODE CRIM . PROC. art. 11.073. We order
    that this application be filed and set for submission to determine whether: (1) Applicant is actually
    2
    innocent; and (2) he is entitled to relief under Article 11.073. The parties shall brief these issues.
    It appears that Applicant is represented by counsel. If that is not correct, the trial court shall
    determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by
    counsel, the trial court shall appoint an attorney to represent Applicant. TEX . CODE CRIM . PROC. art
    26.04. The trial court shall send to this Court, within 60 days of the date of this order, a
    supplemental transcript containing: a confirmation that Applicant is represented by counsel; the
    order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with
    this Court within 90 days of the date of this order.
    Filed: November 9, 2016
    Do not publish
    

Document Info

Docket Number: WR-84,754-01

Filed Date: 11/9/2016

Precedential Status: Precedential

Modified Date: 11/12/2016