Opinion
NO. WR-64,654-02
05-27-2016
EX PARTE CHARLES DON FLORES, Applicant
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS IN CAUSE NO. F98-02133 IN THE 195 JUDICIAL DISTRICT COURT DALLAS COUNTY Per curiam. NEWELL, J., filed a concurring opinion. KELLER, P.J., filed a dissenting opinion. MEYERS, J., dissents. ORDER
This is a subsequent application for a writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071 § 5.
In April 1999, a jury found applicant guilty of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set applicant's punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Flores v. State, No. AP-73,463 (Tex. Crim. App. Nov. 7, 2001)(not designated for publication). Applicant filed his initial application for a writ of habeas corpus in the convicting court in September 2000, and he timely filed supplements to the application in December 2000. This Court subsequently denied relief on all of his claims. Ex parte Flores, No. WR-64,654-01 (Tex. Crim. App. Sept. 20, 2006)(not designated for publication).
On May 19, 2016, applicant filed in the trial court his first subsequent application for a writ of habeas corpus. Applicant raises four allegations in his application. After reviewing applicant's application, we find that his first allegation satisfies the requirements of Article 11.071 § 5. Accordingly, applicant's first allegation is remanded to the trial court. Applicant's motion to stay his execution is granted pending the resolution of his habeas application.
IT IS SO ORDERED THIS THE 27 DAY OF MAY, 2016. Do not publish