DocketNumber: WR-48,403-03
Filed Date: 1/15/2020
Status: Precedential
Modified Date: 1/16/2020
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-48,403-03 EX PARTE EDWARD BEALL, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W97-18249-U(C) IN THE 291ST DISTRICT COURT FROM DALLAS COUNTY Per curiam. YEARY , J., dissents. ORDER Applicant was convicted of aggravated sexual assault and sentenced to ten years’ imprisonment. The Fifth Court of Appeals affirmed his conviction. Beall v. State, No. 05-98- 01086-CR (Tex. App.—Dallas Jul. 21, 1999) (not designated for publication). Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07. Applicant’s first writ application challenged the conviction and was denied without written order on the trial court’s findings without a hearing in February 2001. His second writ application was dismissed as non-compliant. The amended 11.07 application before the Court raises three grounds. Applicant’s cruel and unusual punishment ground and his prosecutorial misconduct ground 2 are dismissed. TEX . CODE CRIM . PROC. art. 11.07 § 4(a). Based on the Court’s review of the entire record, including the live hearing from the prior habeas corpus proceedings in this case,1 Applicant’s actual innocence claim is denied. Filed: January 15, 2020 Do not publish 1 Ex parte Beall, No. WR-48,403-02 (Tex. Crim. App. Mar. 27, 2019) (dismissed as non- compliant).