ON APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. 1990CR4654-W3 IN THE 187^th DISTRICT COURT FROM

BEXAR COUNTY

Meyers, J., filed a dissenting opinion.

D I S S E N T I N G O P I N I O N

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

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