Opinion
WR-70,885-24
10-23-2024
EX PARTE JOSE ALBERTO GUTIERREZ, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2008CR1186-W11 IN THE 290TH DISTRICT COURT FROM BEXAR COUNTY
Hervey and Yeary, JJ., did not participate.
ORDER
Per curiam.
Applicant was convicted of DWI-3rd or more and sentenced to 20 years' imprisonment. The Fourth Court of Appeals dismissed his appeal. Gutierrez v. State, No. 04-08-00655-CR (Tex. App. - San Antonio, October 15, 2008). Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See Tex. Code Crim. Proc. art. 11.07.
We have previously dismissed five subsequent applications in this cause. See Tex. Code Crim. Proc. art. 11.07, § 4. It is obvious from the record that Applicant continues to raise grounds that were previously rejected on the merits or that should have been raised in previous applications.
We hold that Applicant has abused the writ and filed a frivolous lawsuit. See Ex parte Jones, 97 S.W.3d 586 (Tex. Crim. App. 2003); Tex. Gov't Code § 498.0045(a-1). Should Applicant file future habeas applications in this cause, we will not consider the merits of his applications unless he shows that the factual or legal basis of his grounds was unavailable in a previously filed application. This application is dismissed.
Copies of this order shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and the Board of Pardons and Paroles.