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Ex parte Hernandez

Court of Criminal Appeals of Texas
Oct 23, 2024
WR-79,472-03 (Tex. Crim. App. Oct. 23, 2024)

Opinion

WR-79,472-03

10-23-2024

EX PARTE DUSTY GUS HERNANDEZ, Applicant


DO NOT PUBLISH

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR33037-C IN THE 238TH DISTRICT COURT FROM MIDLAND COUNTY

ORDER

PER CURIAM.

Applicant pleaded guilty to aggravated sexual assault of a child (counts one and two) and indecency with a child (count three). Applicant was sentenced by a jury to life on counts one and two, and twenty years' imprisonment on count three. The Eleventh Court of Appeals affirmed his conviction. Hernandez v. State, No. 11-09-00065-CR (Tex. App.-Eastland Oct. 21, 2010) (not designated for publication). 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.

After a review of the record, we find Applicant's claims of judicial and prosecutorial misconduct due to the alleged involvement of Ralph Petty are without merit. Therefore, we deny relief.

Applicant's remaining claims alleging ineffective assistance of counsel and a double jeopardy violation are dismissed pursuant to Tex. Code Crim. Proc. art. 11.07 § 4.


Summaries of

Ex parte Hernandez

Court of Criminal Appeals of Texas
Oct 23, 2024
WR-79,472-03 (Tex. Crim. App. Oct. 23, 2024)
Case details for

Ex parte Hernandez

Case Details

Full title:EX PARTE DUSTY GUS HERNANDEZ, Applicant

Court:Court of Criminal Appeals of Texas

Date published: Oct 23, 2024

Citations

WR-79,472-03 (Tex. Crim. App. Oct. 23, 2024)