Fuller, Alonzo Diego ( 2018 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-16,351-14
    EX PARTE ALONZO DIEGO FULLER, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. CR-12265-J IN THE 35TH DISTRICT COURT
    FROM BROWN COUNTY
    Per curiam.
    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 a writ of habeas corpus. Ex parte
    Young, 
    418 S.W.2d 824
    , 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual
    assault and sentenced to ninety-nine years’ imprisonment. The Eleventh Court of Appeals affirmed
    his conviction. Fuller v. State, No. 11-03-00093-CR (Tex. App.—Eastland Oct. 13, 2005)(not
    designated for publication).
    In his present application, Applicant raises grounds challenging his conviction. This
    application, however, presents a more serious question. Applicant alleges that he is actually
    innocent. In support of his allegations, Applicant submitted a document purporting to be a lab
    2
    report.
    The trial court held a habeas hearing and has found that the document presented to this Court
    is fraudulent.
    The writ of habeas corpus is not to be lightly or easily abused. Sanders v. U.S., 
    373 U.S. 1
    (1963); Ex parte Carr, 
    511 S.W.2d 523
    (Tex. Crim. App. 1974). We find that Applicant has abused
    The Great Writ by submitting false evidence. We dismiss this application and based on Applicant’s
    submission of false evidence, we find that Applicant has filed a frivolous lawsuit.
    Copies of this order shall be sent to the Texas Department of Criminal Justice-Correctional
    Institutions Division and Pardons and Paroles Division.
    Filed: April 11, 2018
    Do not publish
    

Document Info

Docket Number: WR-16,351-14

Filed Date: 4/11/2018

Precedential Status: Precedential

Modified Date: 4/16/2018