Opinion
WR-90,750-14
06-05-2024
EX PARTE JEREL SMITH, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. D-1-DC-16-301628-H IN THE 147TH DISTRICT COURT FROM TRAVIS COUNTY
ORDER
PER CURIAM.
Applicant was convicted of aggravated assault with a deadly weapon and aggravated assault causing serious bodily injury to another, and sentenced to nine years' imprisonment in each count. The Third Court of Appeals affirmed his conviction for aggravated assault with a deadly weapon, but reversed and vacated the judgment of conviction for aggravated assault causing serious bodily injury. Smith v. State, No. 03-17-00694-CR (Tex. App. - Austin June 11, 2019). 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.
We have previously dismissed five subsequent applications in this cause. See TEX. CODE CRIM. PROC. art. 11.07, § 4. It is obvious from the record that Applicant continues to raise grounds that were previously rejected on the merits or that should have been raised in previous applications. 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.