Opinion
WR-88,149-05
06-12-2024
EX PARTE JERMAINE EARL SEXTON, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1370117-D IN THE 339TH DISTRICT COURT FROM HARRIS COUNTY
ORDER
Per curiam.
Applicant was convicted of aggravated robbery with a deadly weapon and sentenced to thirty-five years' imprisonment. The First Court of Appeals affirmed his conviction. Sexton v. State, No. 01-13-00139-CR (Tex. App.-Houston [1st Dist.] Dec. 19, 2013). 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.
Applicant contends that Bradie Scott falsely testified at his trial and that his trial counsel was ineffective. He has filed a document with his application purporting to be an affidavit from Bradie Scott admitting to falsely testifying to avoid prosecution, stating that no robbery took place, and admitting to perjury during Applicant's trial. However, through investigation by the District Attorney's office, it was discovered Scott was not in the notary's presence when the document was notarized with her stamp.
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.