Opinion
WR-42,422-01 WR-42,422-18
05-29-2024
EX PARTE WARDELL MOORE, Applicant
Do not publish
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 97R-017A & 97R-017B IN THE 155TH DISTRICT COURT FROM FAYETTE COUNTY
ORDER
PER CURIAM
Applicant was convicted of aggravated assault and sentenced to five years' imprisonment. The Third Court of Appeals affirmed his conviction. Moore v. State, No. 03-98-00584-CR (Tex. App.-Austin Oct. 14, 1999) (not designated for publication). Applicant filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See Tex. Code Crim. Proc. art. 11.07.
On September 22, 1999, this Court denied application number WR-42,422-01 without written order. Then on April 19, 2023, this Court dismissed as subsequent application number WR-42,422-18 pursuant to Texas Code of Criminal Procedure Section 4. Both applications challenged the instant aggravated assault conviction.
On April 26, 2024, the Court received a request from Applicant asking this Court to reconsider its dismissal of his -18 application. He alleged, among other things, that the -01 application was denied while his direct appeal was still pending. Applicant's assertion is correct; He filed his -01 application on July 26, 1999, which was before appellate mandate issued on January 4, 2000. The -01 application impacts the -18 application. Therefore, this Court now reopens and reconsiders on its own motion (1) the denial of his -01 application without written order; and (2) the dismissal of his -18 application as subsequent.
After an independent review of the record in this case, the Court has determined that Applicant is not entitled to relief on either application. The -01 application should have been dismissed, not denied, because Applicant's conviction was not final since mandate had not issued at the time he filed the application. See Ex parte Johnson, 12 S.W.3d 472 (Tex. Crim. App. 2000). And although the -18 application is not a subsequent application, it nevertheless fails on the merits. Therefore, after reconsideration on the Court's own motion, the -01 application is dismissed and the -18 application is denied.