Frazier, Derrick ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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WR-49,164-03

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EX PARTE DERRICK FRAZIER

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APPLICATION FOR WRIT OF MANDAMUS AND/OR PROHIBITION IN CAUSE NO. 97-8-3675 FROM THE 24^TH DISTRICT COURT OF REFUGIO COUNTY

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Per Curiam.  

ORDER

This is an Application for Writ of Mandamus and/or Prohibition filed to resolve a perceived ambiguity in our order of June 28, 2006.

Applicant filed a subsequent application for writ of habeas corpus with the convicting court in April, 2006. This Court is required by Texas Code of Criminal Procedure, Article 11.071 to review subsequent applications and determine whether they meet one of the exceptions of that Article. We determined that it was necessary to stay applicant's pending execution to give this Court time to review the subsequent application as required by the statute. An order granting applicant's motion to stay was entered on April 24, 2006. After we reviewed the application, we determined that it did not meet any of the exceptions that allow review of subsequent applications. Therefore, we dismissed the application on June 28, 2006. In dismissing the subsequent application we implicitly lifted the stay entered on April 24, 2006. We now explicitly state that the stay of execution in this cause was lifted by this Court on June 28, 2006. Thus we deny applicant's leave to file his application for writ of mandamus and/or prohibition.

IT IS SO ORDERED THIS THE 23^rd DAY OF AUGUST, 2006.

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