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Ex Parte Smith

Court of Criminal Appeals of Texas
Apr 12, 2006
Nos. WR-53,145-09, WR-53,145-10, WR-53,145-11, WR-53,145-12 (Tex. Crim. App. Apr. 12, 2006)

Opinion

Nos. WR-53,145-09, WR-53,145-10, WR-53,145-11, WR-53,145-12

April 12, 2006. DO NOT PUBLISH.

On Applications for Writ of Habeas Corpus, Cause Nos. 97-CR-0080, 98-CR-0037, 98-CR-0525 98-CR-0748, in the 10th District Court, Galveston County.


ORDER


These are applications for a writ of habeas corpus that were transmitted to this Court pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of four counts of aggravated sexual assault of a child and sentenced to confinement for eighteen years for each count. Applicant's convictions were affirmed on appeal. Smith v. State, Nos. 14-98-01106-CR, 14-98-01107-CR, 14-98-01108-CR 14-98-01109-CR (Tex.App.-Houston [14th Dist.], delivered November 2, 2000, pet. ref'd). Applicant contends in four separate grounds that the State destroyed biological evidence, that the State failed to disclose evidence, that the trial court improperly denied Applicant's motions for Chapter 64 DNA testing, and that counsel was ineffective in a Chapter 64 appeal. After a review of the record, we find that Applicant's first and second grounds are without merit. They are denied. Applicant's third and fourth grounds are dismissed. Claims involving a Chapter 64 DNA proceeding are not cognizable in an application for a writ of habeas corpus. Ex parte Baker, 2006 Tex. Crim. App. LEXIS 302 (Tex.Crim.App. 2006). Accordingly, Applicant's first and second grounds are denied, and his third and fourth grounds are dismissed.

IT IS SO ORDERED.


Summaries of

Ex Parte Smith

Court of Criminal Appeals of Texas
Apr 12, 2006
Nos. WR-53,145-09, WR-53,145-10, WR-53,145-11, WR-53,145-12 (Tex. Crim. App. Apr. 12, 2006)
Case details for

Ex Parte Smith

Case Details

Full title:EX PARTE GLENN FLOYD SMITH, Applicant

Court:Court of Criminal Appeals of Texas

Date published: Apr 12, 2006

Citations

Nos. WR-53,145-09, WR-53,145-10, WR-53,145-11, WR-53,145-12 (Tex. Crim. App. Apr. 12, 2006)