Opinion
No. WR-56,192-02
Delivered: October 18, 2006. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus, Cause Number 241-0835-02 in the 241st District Court, from Smith County.
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 was convicted of the felony offense of indecency with a child, and punishment was assessed at seven (7) years' confinement. No direct appeal was taken. The Court received this writ application on August 7, 2003. On September 24, 2003, this Court dismissed it as a subsequent application. However, this writ application was not subsequent. This Court has determined that the writ was dismissed in error. After reconsideration on its own motion, the Court finds that the application should have been denied. Accordingly, the Court withdraws its prior order dismissing this application as a subsequent application and enters an order denying this application. Applicant's writ application is denied. See Ex parte Torres, 943 S.W.2d 469 (Tex.Crim.App. 1997).