Gonzales, Alejandro Farias ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-77,198-07
EX PARTE ALEJANDRO GONZALES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1152889-F IN THE 248TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
Applicant was convicted of aggravated sexual assault of a child and sentenced to forty years’
imprisonment. The First Court of Appeals affirmed his conviction. Gonzales v. State, No. 01-08-
00173-CR (Tex. App.—Houston [1st Dist.] July 16, 2009). 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.
Applicant contends, among other things, that he is actually innocent. He has filed a
document with his application purporting to be affidavit from the complainant. After a remand, the
trial court has found that the purported affidavit is fraudulent and that the notary public listed in the
affidavit did not notarize the document.
2
We agree and hold that Applicant has abused the writ and filed a frivolous lawsuit. See Ex
parte Jones, 97 S.W.3d 586 (Tex. Crim. App. 2003); TEX . GOV ’T CODE § 498.0045(a-1). Should
Applicant file future habeas applications in this cause, we will not consider the merits of his
applications unless he shows that the factual or legal basis of his grounds was unavailable in a
previously filed application. This application is dismissed.
Copies of this order shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and the Board of Pardons and Paroles.
Filed: January 12, 2022
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