Garcia, Pedro ( 2010 )

  IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-65,013-02 AND WR-65,013-03

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EX PARTE PEDRO GARCIA, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1996CR3466 IN THE 399TH JUDICIAL DISTRICT COURT

FROM BEXAR 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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated assault and sentenced to thirty-five years' imprisonment. His conviction was affirmed on direct appeal. Garcia v. State, No. 04-02-00476-CR (Tex. App. - San Antonio, October 29, 2003).

On July 26, 1006, this Court denied Applicant's first habeas application, in which he alleged that he was denied the opportunity to petition this Court for discretionary review. Applicant filed a second habeas application, which this Court dismissed as a subsequent application on March 11, 2009. The dismissal of Applicant's second application was erroneous, as Applicant's first application did not challenge the merits of his conviction. See Ex parte McPherson, 32 S.W.3d 860 (Tex. Crim. App. 2000). On September 2, 2010, this Court received Applicant's third application, which raises a single ground for review. Because Applicant's second application was erroneously dismissed, this Court has reconsidered the second application on its own motion, and has determined that Applicant's grounds for review are without merit and should be denied. In addition, this Court has reviewed Applicant's third application, and determined that his ground for review in that application is also without merit. Therefore, we deny relief on both applications.

Filed: September 29, 2010

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