Actual Innocence in Felony Theft case

– Blizzard and Zimmerman Attorneys

Theft of Aluminum Conviction Overturned - Client Declared Actually Innocent

Our client originally faced a serious legal challenge when he was convicted of Theft of Material, which is a felony offense here in Texas.

Felony Theft of Aluminum

The Case

A wrongful conviction reversed. A future restored.

In 2014, our client was convicted of Theft of Material (Aluminum) - a felony offense in Texas - and sentenced to two years in state jail followed by three years of probation.

For nearly a decade the case followed him, this conviction impacted his life, reputation, and opportunities.

But there was one major problem:  He never committed the crime he was convicted of.

Building the Path to Freedom

The Critical Discovery: It Was Never Aluminum

During our intense post-conviction review, we uncovered a significant error in the original case.

he material allegedly stolen was tin, not aluminum.

Under Texas law, tin is not included in the statute for Theft of Material (Aluminum). This misidentification meant our client was convicted of an offense that legally did not apply to the facts of his case.

This was not just a mistake - it was a wrongful conviction.

Our Strategy: Filing an 11.072 Writ for Actual Innocence

We filed an 11.072 writ of habeas corpus, presenting a clear, evidence-based argument that our client was actually innocent because the material involved did not fall under the charged statute.

Our argument was direct and undeniable:
You cannot be guilty of an offense that does not apply to the item in question.

The Outcome

The Win: Conviction Overturned & Case Dismissed

The trial court agreed and granted full relief.

Our client was declared actually innocent

The conviction was overturned

The case was dismissed in its entirety

After years of carrying the weight of a wrongful conviction, justice was finally served.

Expunction Granted: A Clean Record Restored

Following dismissal, we immediately filed a petition for expunction. The court granted it - removing all records of the arrest, charge, and conviction from public view.

Today, our client’s name is completely cleared, allowing him to move forward without the stigma of a crime he never committed.

Why This Matters: Actual Innocence Has No Expiration Date

Although more than eight years had passed since his arrest and punishment, the court recognized that actual innocence is timeless. When justice requires correction, Texas law allows it - no matter how much time has passed.

Our Commitment to Justice

This case is a powerful reminder of how wrongful convictions occur - and how skilled post-conviction representation can reverse them.

At Blizzard & Zimmerman Attorneys, we are committed to uncovering errors, correcting injustices, and fighting relentlessly for our clients’ rights.

If you or a loved one is seeking post-conviction relief, an 11.072 or 11.07 writ, or a case review for actual innocence, contact us today. We'll do a risk free review of your case. We’re here to help restore freedom, dignity, and hope.

Disclaimer

Attorneys Jacob Blizzard, Sarah Durham, and Morgan Walker work tirelessly to achieve the greatest possible results for each of our clients and their families. This is just one of their successful results, settlements, and verdicts. Every case and client is unique and depends upon the individual facts and circumstances of each case. Clients may or may not obtain the same or similar results in each case.