Document Info

DocketNumber: WR-82,033-12

Filed Date: 9/23/2020

Status: Precedential

Modified Date: 9/28/2020

  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-82,033-12
    EX PARTE ERNESTO BENAVIDES, JR., Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 2013-DCR-00654-A IN THE 107TH DISTRICT COURT
    FROM CAMERON COUNTY
    Per curiam.
    ORDER
    Applicant was convicted of possession of marihuana and sentenced to fifteen years’
    imprisonment. The Thirteenth Court of Appeals dismissed his appeal as untimely. Benavides v.
    State, No. 13-19-00197-CR (Tex. App.—Corpus Christi–Edinburg June 13, 2019) (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.
    We have previously dismissed five subsequent applications in this cause. See TEX . CODE
    CRIM . PROC. art. 11.07, § 4. It is obvious from the record that Applicant continues to raise grounds
    that were previously rejected on the merits or that should have been raised in previous applications.
    2
    We hold that Applicant has abused the writ and filed a frivolous lawsuit. See Ex parte Jones, 
    97 S.W.3d 586
    (Tex. Crim. App. 2003); TEX . GOV ’T CODE § 498.0045(a-1). Should Applicant file
    future habeas applications in this cause, we will not consider the merits of his applications unless
    he shows that the factual or legal basis of his grounds was unavailable in a previously filed
    application. This application is dismissed.
    Copies of this order shall be sent to the Texas Department of Criminal Justice–Correctional
    Institutions Division and the Board of Pardons and Paroles.
    Filed: September 23, 2020
    Do not publish