Opinion
NO. WR-83,322-03
01-24-2018
EX PARTE ROBERT PIAZZI, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2007CR7397-W3 IN THE 144TH DISTRICT COURT FROM BEXAR 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 this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of four counts of aggravated sexual assault of a child and sentenced to imprisonment for two terms of twenty-five years and two terms of ten years. His ten-year sentences were probated. The Fourth Court of Appeals affirmed his convictions. Piazzi v. State, No. 04-12-00124-CR (Tex. App.—San Antonio Sept. 5, 2012) (not designated for publication).
We dismissed this application because Applicant's legal memorandum exceeded the fifty-page limit and nothing in the record indicated that the trial court granted Applicant leave to exceed fifty pages. See TEX. R. APP. P. 73.1(d). After dismissing this application, we received an order signed by the trial court granting Applicant leave to exceed fifty pages.
We now withdraw our previous dismissal on our own motion and deny and dismiss this application. We do not have jurisdiction to review Applicant's convictions in counts six and eight. Ex parte Renier, 734 S.W.2d 349, 351 (Tex. Crim. App. 1987). The grounds challenging these counts are dismissed. Based on our own independent review of the record and the trial court's findings of fact and conclusions of law, we deny the grounds challenging counts two and four. Filed: January 24, 2018
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