Ex Parte Davila

The majority overrules the State’s motion for rehearing. I dissent. The majority is holding that the trial court’s finding of fact that the prosecutrix was seventeen years of age at the time of the offense without the facts being before us is not subject to review by this Court. The trial court concluded that the relief sought should be denied.

This Court has repeatedly held that a trial court’s findings of facts and conclusions of law in habeas corpus proceedings are not binding on this Court:

“Initially, it should be noted that this court is not bound by the findings of the trial court in a…