Martin, Garland Leon AKA Butch Martin

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,211-01

EX PARTE GARLAND LEON MARTIN AKA BUTCH MARTIN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR24,279-A IN THE 142ND DISTRICT COURT
FROM MIDLAND COUNTY

Per curiam. KEEL, J. concurred. YEARY, J. filed a dissenting opinion in which
KELLER, P.J. joined. SLAUGHTER, J. dissented.

OPINION

Applicant was convicted of three counts of capital murder and sentenced to life

imprisonment. The Eighth Court of Appeals affirmed his conviction. Martin v. State, No. 08-99-

00268-CR (Tex. App. —El Paso, Dec. 7, 2000)(not designated for publication). Applicant filed this

application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded

it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.

Applicant contends, among other things, that he is actually innocent.

We agree. Relief is granted. Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996);

Ex parte Tuley, 109 S.W.3d 388 (Tex. Crim. App. 2002). The judgment in cause number CR24,279
2

in the 142nd District Court of Midland County is set aside, and Applicant is remanded to the custody

of the Sheriff of Midland County to answer the charges as set out in the indictment. The trial court

shall issue any necessary bench warrant within ten days from the date of this Court’s mandate.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and the Board of Pardons and Paroles.

Delivered: May 22, 2024
Do not publish