EX PARTE CHARLES ALLEN CHATMAN (original)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,829

EX PARTE CHARLES ALLEN CHATMAN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F81-02101-K IN THE CRIMINAL DISTRICT COURT

NUMBER FOUR FROM DALLAS COUNTY

Per curiam.

O P I N I O N

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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated rape and sentenced to ninety-nine years' imprisonment. The Fifth Court of Appeals affirmed his conviction. Chatman v. State, No. 05-81-00789-CR (Tex. App.-Dallas, delivered May 18, 1982). Applicant contends that he has newly discovered evidence that he is actually innocent of this offense. The trial court has determined that no rational jury would have convicted Applicant in light of the new evidence, which was previously unavailable to Applicant. The evidence, obtained pursuant to post-conviction DNA testing and investigation, indicates that Applicant is excluded from being the perpetrator in this case. Applicant is entitled to relief. Ex parte Elizondo, 947 S.W.2d 202, 209 (Tex. Crim. App. 1996).

Relief is granted. The judgment in Cause No. F81-02101-K in Criminal District Court Number 4 of Dallas County is set aside, and Applicant is remanded to the custody of the Sheriff of Dallas County to answer the charge against him.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Parole Division.

Delivered: January 23, 2008

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