Opinion
No. WR-60,395-02
Filed: April 30, 2008. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus, Cause No. 03-06-7270 in the 220th District Court from Hamilton County.
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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of aggravated sexual assault of a child, and punishment was assessed at confinement for life. Applicant's conviction was affirmed on appeal. Tipton v. Texas, No. 10-03-00385-CR (Tex.App.-Waco, February 2, 2005, pet. ref'd). The Court received this writ application on July 15, 2005. On March 8, 2006, this Court denied this application without written order. The Court has determined that the application was denied in error. After reconsideration on its own motion, the Court finds that the application should have been dismissed because the direct appeal was pending when the application was filed in the district court. See Ex parte Johnson, 12 S.W.3d 472, 473 (Tex.Crim.App. 2000). Accordingly, the Court withdraws its prior disposition denying the application and enters an order dismissing it. Applicant's writ application is dismissed without prejudice. See Ex parte Torres, 943 S.W.2d 469 (Tex.Crim.App. 1997).