IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-76,575

EX PARTE ANTONIO DAVILA JIMENEZ, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. 1990CR4654-W3 IN THE 187th DISTRICT COURT FROM BEXAR COUNTY M EYERS, J., filed a dissenting opinion.

DISSENTING OPINION I agree with the majority that Applicant is not entitled to relief based on his conviction being void since he had the status of a felon when he was arrested. However, the facts of this case fit the criteria for an actual innocence claim under our opinion in Ex Parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996). It is possible that if a new jury saw the newly discovered evidence, they would not have convicted Applicant. I would grant relief because the underlying felony conviction used to support his conviction for unlawful possession of a firearm by a felon was set aside. Therefore, I respectfully dissent.

Meyers, J.

Filed: February 8, 2012 Publish