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Gillaspie, Zachary Don ( 2018 )


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  •              IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,391-09
EX PARTE ZACHARY DON GILLASPIE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. F46910-I IN THE 413TH DISTRICT COURT
FROM JOHNSON 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 pleaded guilty to one count of theft
and one count of tampering with evidence in exchange for ten years, probated. His community
supervision was later revoked and he was sentenced to four years’ imprisonment.
In his present application, Applicant raises four grounds. This application, however, presents
a more serious question. This Court’s records reflect that Applicant has filed eight prior applications
pertaining to this conviction. It is obvious from the record that Applicant continues to raise issues
2
that have been presented and rejected in previous applications or that should have been presented
in previous applications. 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). Because of his
repetitive claims, we hold that Applicant’s claims are barred from review under Article 11.07, § 4,
and are waived and abandoned by his abuse of the writ. This application is dismissed.
Therefore, we instruct the Clerk of the Court of Criminal Appeals not to accept or file the
instant application for a writ of habeas corpus, or any future application pertaining to this conviction
unless Applicant is able to show in such an application that any claims presented have not been
raised previously and that they could not have been presented in a previous application for a writ of
habeas corpus. Ex parte Bilton,
    602 S.W.2d 534
     (Tex. Crim. App. 1980).
Copies of this order shall be sent to the Texas Department of Criminal Justice-Correctional
Institutions Division and Pardons and Paroles Division.
Filed: December 12, 2018
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