Wrongly Convicted Database Record

 

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Jimmy Dale Chance

 

Charge:

Burglary (including aggravated)

Sentence:

Years Imprisoned:

Year Crime:

1979

Year Convicted:

1979

Year Cleared:

1980

U.S. State or Country of Crime:

Texas

County or Region of Crime:

Bell

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Jimmy Dale Chance was wrongly convicted on August 16, 1979 of burglarizing a building in Bell County, Texas. Chance filed a habeas corpus petition that asserted his indictment was defective because it alleges an impossible date of the crime. Chance was convicted of burglarizing the building on December 25, 1979 -- four months after the date of his conviction. On July 9, 1980 the Texas Court of Criminal Appeals granted Chance's habeas petition, ruling: "Although the record indicates that the State attempted to amend the date alleged in the indictment on the day of trial, it was without authority to do so. This Court has long held that the alleged date of the commission of the offense is a matter of substance, and cannot be amended. The relief sought is granted. The indictment and conviction in Cause No. 27,752 are set aside, and the prosecution is ordered dismissed." (Ex parte Chance, 601 SW 2d 356 (Tex. Ct. of Crim. Appeals 1980))"

Conviction Caused By:

Innocence Proved By:

"On July 9, 1980 the Texas Court of Criminal Appeals granted Chance's habeas petition, ruling: "Although the record indicates that the State attempted to amend the date alleged in the indictment on the day of trial, it was without authority to do so. This Court has long held that the alleged date of the commission of the offense is a matter of substance, and cannot be amended. The relief sought is granted. The indictment and conviction in Cause No. 27,752 are set aside, and the prosecution is ordered dismissed." (Ex parte Chance, 601 SW 2d 356 (Tex. Ct. of Crim. Appeals 1980))"

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Ex parte Chance, 601 SW 2d 356 (Tex. Court of Criminal Appeals 1980) (Granting habeas petition based on defective indictment.)"

Information Location 1:

"https://scholar.google.com/scholar_case?case=10501847676558927062&q=Ex+parte+Chance&hl=en&as_sdt=6,48"

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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