Ex Parte Mascitti

Full title: EX PARTE JOHN GUIDO MASCITTI, JR., Applicant

Court: Court of Criminal Appeals of Texas

Date published: Mar 7, 2007

No. WR-65,290-02 (Tex. Crim. App. Mar. 7, 2007)

Opinion

No. WR-65,290-02

Delivered: March 7, 2007. DO NOT PUBLISH.

On Application for a Writ Of Habeas Corpus, Cause Number W366-80778-92(HC) in the 366th District Court from Collin County.

PER CURIAM.

ORDER

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq. Applicant pleaded guilty and was convicted of the felony offense of burglary of a habitation with intent to commit theft as a habitual offender, and punishment was assessed at thirty-five years' confinement. No direct appeal was taken. The Court received this writ application on November 20, 2006. On January 10, 2007, this Court dismissed it for failing to comply with the rules of appellate procedure. However, the record included two applications, including an application that did comply with the rules of appellate procedure. This Court has determined that the application was dismissed in error. After reconsideration on its own motion, the Court finds that the application should have been denied on the merits. Accordingly, the Court withdraws its prior order dismissing this application for failing to comply with the rules of appellate procedure and enters an order denying this application. Applicant's writ application is denied.