Ford, Tony Egbuna ( 2005 )

              IN THE COURT OF CRIMINAL APPEALS

                                          OF TEXAS

                                                                   WR-49,011-02

                                              EX PARTE TONY EGBUNA FORD

                            ON APPLICATION FOR WRIT OF HABEAS CORPUS

                                         IN CAUSE NO. 69441-346-2 FROM THE

                                 346^TH DISTRICT COURT OF EL PASO COUNTY

Per Curiam.

                                                                     OPINION

This is a subsequent application for habeas corpus filed pursuant to Texas Code of Criminal Procedure, Article 11.071, Section 5.  Applicant asserts he is actually innocent and should not be executed.

Applicant was convicted of capital murder on July 13, 1993.  We affirmed the conviction and sentence. Ford v. State, 919 S.W.2d 107 (Tex.Crim.App. 1996).  On February 2, 1998, applicant filed his initial application for writ of habeas corpus pursuant to Article 11.071.  We denied relief.  Ex parte Ford, No. WR-49,011-01 (Tex.Crim.App. September 12, 2001).

Applicant has moved to abate or dismiss this application, noting that the convicting court has granted testing of biological material under Texas Code of Criminal Procedure, Chapter 64 and has moved the execution date from December 7, 2005, until March 14, 2006.  Applicant anticipates that the testing Amay add considerable weight to the evidence@ supporting his claim.  We will dismiss this application without prejudice so applicant may consider his position after the conclusion of any testing and may design any argument based on what he perceives to be the new situation, and deny applicant=s motion for stay of execution.

IT IS SO ORDERED THIS THE 14^TH DAY OF DECEMBER, 2005.

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