The Richardson father sentenced to life in prison for the death of his 3-year-old daughter, Sherin Mathews, is in the process of being transferred to state prison and has filed a motion for a re-trial.
Wesley Mathews was escorted from the Dallas County Jail on Thursday, July 25, according to jail records.
Mathews was transferred to the Texas Department of Criminal Justice's Middleton Unit in Abilene, a transfer facility.
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There, he will be processed and assigned to a permanent prison unit. NBC 5 reached out to TDCJ. They sent a statement saying: "We would not be able to comment until he is processed at one of our intake facilities and that takes about a month before any new offender is assigned to a unit."
Mathews pleaded guilty to the lesser charge of felony injury to a child in Sherin Mathews' death.
A jury sentenced Mathews to life in prison in June.
The 39-year-old will be eligible for parole after serving 30 years.
The toddler’s body was found in a culvert in October 2017, two weeks after being reported missing by Mathews.
Mathews admitted to not calling 911 when he says his adoptive daughter choked to death on milk in the family's garage.
He said he took her body to the culvert in a panic but intended to return to bury her.
Mathews' attorney has filed a motion for a new trial -- that hearing will be held on Aug. 23.
Attorney Brook Busbee claims jurors became prejudiced after seeing graphic photographs of Sherin's badly decomposed body that her client did not receive a fair trial.
Busbee also states that the jury was prejudiced when shown evidence of broken bones the child suffered before her death when there was no link proving Mathews' caused the injuries.