IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,992

EX PARTE JOSHUA STEVEN ROMO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W05-73295-P IN THE 203^RD DISTRICT COURT

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 Applicant pleaded guilty, was convicted of second degree robbery and after a period of deferred adjudication was revoked, was sentenced to five years’ imprisonment. He did not appeal his conviction.

            After Applicant pleaded guilty and was sentenced, the victim executed an affidavit stating that Applicant did not steal a bicycle from him, as was alleged in the indictment. Applicant alleges that the new affidavit shows that he is actually innocent of the second degree felony of which he is convicted.

            The trial court has determined that the affidavit is credible and that Applicant has established by clear and convincing evidence that a jury would acquit him of the second degree offense of robbery. The State and the trial court both recommend granting relief. Applicant is entitled to relief.

            Relief is granted. The judgment in Cause No. 05-73295-P in the 203^rd Judicial District Court of Dallas County is set aside, and Applicant is remanded to the Dallas County Sheriff to answer the charge against him.

            Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional Institutions Division and Pardons and Paroles Division.

Delivered: September 10, 2008

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