Opinion
NO. WR-68,487-06 NO. WR-68,487-09
09-14-2016
EX PARTE GERALD ALLAN HAYES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1198372 IN THE 351 DISTRICT COURT FROM HARRIS COUNTY Per curiam. ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of robbery and sentenced to life imprisonment. The First Court of Appeals affirmed his conviction. Hayes v. State, No. 01-09-00437-CR (Tex. App. — Houston [1 Dist.] Oct. 23, 2014) (not designated for publication).
On January 25, 2011, Applicant filed his initial Article 11.07 habeas application challenging this conviction in the district court. This Court received the application, designated as WR-68,487-06 on February 23, 2011, and denied the application without written order on March 2, 2011. On May 2, 2016, Applicant filed a second Article 11.07 habeas application challenging the same conviction in the district court. This Court received the second application, designated as WR-68,487-09, on July 19, 2016. In conjunction with the -09 application, it was brought to the Court's attention that Applicant's direct appeal was still pending at the time he filed the -06 application in the district court. Because Applicant's conviction was not "final" for purposes of Article 11.07 habeas review when he filed the -06 application, this Court's denial of that application was erroneous. Therefore, on the Court's own motion the denial of WR-68,487-06 is withdrawn, and that application is dismissed. See Ex parte Johnson, 12 S.W.3d 472 (Tex. Crim. App. 2000). This Court has reviewed the claims raised by Applicant in WR-68,487-09, and finds them to be without merit. Therefore, relief is denied. Filed: September 14, 2016
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