Opinion
WR-81,792-06
07-26-2023
EX PARTE COREY DARNELL WEBB, Applicant
DO NOT PUBLISH
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 007-1350-10-F IN THE 7TH DISTRICT COURT FROM SMITH COUNTY
ORDER
PER CURIAM.
Applicant was convicted of aggravated sexual assault against a public servant and sentenced to fifty years' imprisonment. The Twelfth Court of Appeals affirmed his conviction. Webb v. State, No. 12-12-00011-CR, 2013 Tex.App. (Tex. App.-Tyler July 3, 2013) (not designated for publication). 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.
The Court received this writ application on June 7, 2023. On June 22, 2023, this Court dismissed it for failing to comply with the rules of appellate procedure because it was not on the required form. However, a supplemental application on the required form was filed in the trial court before this Court dismissed the application, but not received by this Court until after the dismissal. Because the compliant application was filed before this Court dismissed the application, the decision to dismiss the application as non-compliant should be reconsidered. After reconsideration on its own motion, the Court finds that the application is now compliant, but does not overcome the bar on subsequent applications. Tex. Code Crim. Pro. Art. 11.07 sec. 4. Accordingly, the Court withdraws its prior order dismissing this application for failing to comply with the rules of appellate procedure and enters an order dismissing this application as subsequent.