Flores, Raquel Gonzalez ( 2009 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-72,800-01

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EX PARTE RAQUEL GONZALEZ FLORES, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 114-0996-05 IN THE 114TH DISTRICT COURT FROM SMITH COUNTY

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   Per curiam. O R D E R  

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 theft by check and sentenced to twenty months' imprisonment. The First Court of Appeals dismissed her appeal. Flores v. State, No. 01-09-00202-CR (Tex. App.-Houston [1st Dist.] 2009, no pet.).

Applicant contends that she is actually innocent. After holding a live evidentiary hearing, the trial court made findings of fact and conclusions of law and recommended that we deny relief. Based on the trial court's findings of fact and conclusions of law and our own independent review of the evidence in the record, we agree that Applicant has not established that she is actually innocent. The evidence she relies on is not newly discovered or newly available. See Ex parte Brown, 205 S.W.3d 538, 545 (Tex. Crim. App. 2006) ("The term 'newly discovered evidence' refers to evidence that was not known to the applicant at the time of trial and could not be known to him even with the exercise of due diligence"). Accordingly, relief is denied.

Filed: November 4, 2009

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