Richards, Ashley Nicole

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-82,217-04, WR-82,217-05 & WR-82,217-06
EX PARTE ASHLEY NICOLE RICHARDS, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 13857652-B, 1385763-B & 1385765-B
IN THE 176TH DISTRICT COURT
FROM HARRIS 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 these applications for writs of habeas corpus. Ex
parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three
cruelty to animals charges and sentenced to ten years’ imprisonment in each case.
Applicant raises three grounds based on this Court’s recent decision determining that deadly
weapon findings do not apply to non-human victims. Prichard v. State, 533 S.W.3d 315 (Tex. Crim.
App. 2017). The habeas court has recommended granting relief. However, Applicant has challenged
these convictions before and does not demonstrate that Prichard is retroactive, making it applicable
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to these cases. Ex parte Oranday-Garcia, 410 S.W.3d 865, 867 (Tex. Crim. App. 2013). Therefore,
consideration of these writ applications is barred by Section 4 of Article 11.07 of the Code of
Criminal Procedure. The writ applications are dismissed as subsequent.
Copies of this order shall be sent to the Texas Department of Criminal Justice-Correctional
Institutions Division and Pardons and Paroles Division.
Filed: November 7, 2018
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