Opinion
WR-88,409-02
10-09-2024
EX PARTE CODY JAY RILEY, Applicant
Do not publish
On Application for a writ of Habeas Corpus Cause No. F45054-B in the 413th District Court from Johnson County
ORDER
PER CURIAM.
Applicant was convicted of two counts of aggravated sexual assault of a child and was sentenced to seventy years' imprisonment on each count, to run concurrently. The Tenth Court of Appeals affirmed his convictions. Riley v. State, No. 10-11-00439-CR (Tex. App.-Waco Mar. 13, 2014) (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 application on August 12, 2024. On August 28, 2024, this Court dismissed the application as subsequent pursuant to Texas Code of Criminal Procedure Article 11.07, § 4. After reconsideration on its own motion, the Court finds that the application should have been dismissed pursuant to Applicant's motion to withdraw the application. Accordingly, the Court withdraws the previous dismissal entered in this application and substitutes this order. Tex.R.App.P. 79.2(d).
Applicant's writ application is dismissed.