Canady, Warren Pierre ( 2015 )

C I e w-1< of -th2 Court
Court of Cr;m;no..l App~ole
P.o.Box t2.3o8
Aus--b n, Texas 7811 I
~rECEIVED ``
OO!mT OF CAIMINAL APP&J,S
NOV 02 2015
. Wo...v--.re'l'l P;ev-rcg Co..-V'la.cly
·-#:" 12.2-, 8'·+ AIW®Jfod``~, Cf®rt1k
16ql FM Q80
H·untsv"• t t e.,I~ 773'-P->
R2012
WL 354185 (Tex. App.- Houston [14th Dist.] 2012, no pet.) (mem. op:, not designated
for publication).
The Court of Criminal Appeals dismissed the applicant's first~ second, and third
applications .for writ of habeas corpus, Cause Numbers 1276450-A, 1276450-B, and .
1276450-C on April 3, 2013, January 9, 2013, and July 10, 2013, ·respectively. The Court
of Criminal Appeals denied the applicant's fourth application for writ of habeas corpus;
Cause Number 1276450-D, on July 23, 2014. Ex parte Canac!J, WR-30,119-25 (Tex. Crim,
App. 2013); Ex parte Canacfy, WR-30,119-24 (Tex. Crim. App. 2013); Ex parte Canacjy, "V'R-
30,119-26; Ex pmte Canacfy,"V'R-30,119-31 (Tex. Crim. App. 2014).
II.
The State denies the factual allegations made in the instant application, except
those supported by official court records, and offers the following additional reply:
The applicant claims actual innocence of the enhancements and an illegal
sentence as his first and second grounds for relief in the instant application. Applicant's
Writ at 6-9. However, if a subsequent writ application is flied after final disposition. of an
initial application challenging the same conviction, the Court may not consider the merits
of or grant relief based on a subsequent application unless the application contains
sufficient specific facts establishing that:
(1) the current claims and issues have not been and could not have been
presented previously in an original application or in a previously
considered application flied under this article because the factual or
legal basis for the claim was unavailable on the date the applicant flied
the previous application; or ·
(2) by a preponderance of the evidence, but for a violation of the United
States Constitution no rational juror could have found the applicant
guilty beyond a reasonable doubt.
2
TEX. CRIM. PROC. CODE ANN. art. 11.07 § 4(a) (\Vest 2015) (emphasis added).
The instant writ application was filed after the final disposition of the applicant's
first, second, third and fourth writ applications, cause numbers 1276450-A, 1276450-B,
1276450-C, and 1276450-D, wherein he challenged the merits of the conviction and
sentence in the primary case. The first, second and third applications were dismissed,
and the fourth was denied without written order by the Texas Court of Criminal
Appeals. In the instant application, the applicant fails to include sufficient specific facts
establishing that the current claims could not have been presented previously because the
factual or legal basis for the claims were unavailable; or that, by a preponderance of the
evidence, no rational juror could have found the applicant guilty beyond a reasonable
doubt. Therefore, the Court may not consider the merits of or grant relief based on the
instant writ of habeas corpus.
Based on the totality of the circumstances, the applicant's instant writ application
should be dismissed.
III.
The applicant raises questions of law and fact that can be resolved by the Court of
Criminal Appeals upon review of official court records and without need for an
evidentiary hearing.
3
IV.
Service has been accomplished by sending a copy of this instrument to the
applicant at the following address:
Warren Pierre Canady
TDCJ-JD. #723784- Ellis·
1697 FM 980
Huntsville, TX 77343 ·
SIGNED this 14th day of September, 2015.
A~lly;;;:z
Sheila Hansel
Assistant District Attorney
Harris County, Texas·
1201 Franklin, Suite 600
Houston, Texas 77002
Texas Bar ID #24078624
(713) 274-5985
(713) 755-5240 (fax)
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CAUSE NO. 1276450-E
EX PARTE § IN THE 248th DISTRICT COURT
§ OF
WARREN PIERRE CANADY § HARRIS COUNTY, TEXAS
Applicant·
CERTIFICATE OF COMPLIANCE UNDER TEX. R. APP. 73.1(0
The State of Texas, through its Assistant District Attorney for Harris County, file_s
this, its Certificate of Compliance in the above-captioned cause, having been served with
an application for writ of habeas corpus pursuant to Tex. Crim. Proc. Code art. 11.07 § 3.
The Stat~ certifies that the number of words in the State's Original Answer is 826.
Signed this 14TI-I day of September, 2015.
Respectfully Submitted,
~d``svL
Sheila Hansel
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 274-5985
Texas Bar# 24063791
FIL~D
Chris Dante\
District Clerk
SEP 151.0\5
5
.•·. .
., .•::
STA.Te Of' TEXAS
COUNT'-{ OF HARRIS
SHARON KELLER ABEL ACOSTA
PRESIDING JUDGE COURT OF CRIMINAL APPEALS CLERK
(512) 463-1551
P.O. BOX 12308, CAPITOL STATION
LAWRENCE E. MEYERS
CHERYL JOHNSON
AUSTIN, TEXAS 787I1 SIAN SCHILHAB
MIKE KEASLER GENERAL COUNSEL
(512)463-1600
BARBARA P. HERVEY
ELSA ALCALA
BERT RICHARDSON
KEVIN P. YEARY
DAVID NEWELL
JUDGES
·october 14,2015
Warren P. Canady #723784
Ellis Unit
1697 FM 980
Huntsville, TX 77343
RE: Trial Court Case #1276450-E
Dear Mr. Canady:
After a thorough search of our records, we find that you do not have a Writ of Habeas Corpus
filed in the Court of Criminal Appeals at this time. If you have any further questions or
concerns, please direct them to the District Clerk in the convicting county where you originally
filed the application.
I am herewith returning your documents.
AA/kd
Enclosure
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WEBSITE WWW.CCA.COURTS.STATE. TX. US