Flores, Eric ( 2019 )


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  •             IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-78,188-16
    EX PARTE ERIC FLORES, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 20110D01621-120-11 IN THE 120TH DISTRICT COURT
    FROM EL PASO COUNTY
    Per curiam.
    OR D ER
    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 this application for a writ of habeas corpus. Ex parte Young, 
    418 S.W.2d 824
    , 826 (Tex. Crim. App. 1967). Applicant was convicted of burglary of a building and
    sentenced to six years’ imprisonment.
    In his present application, Applicant raises three grounds. This application, however, presents a
    more serious question. This Court’s records reflect that Applicant has filed at least ten prior applications
    pertaining to this conviction. It is obvious from the record that Applicant continues to raise issues that have
    2
    been presented and rejected in previous applications or that should have been presented in previous
    applications. The writ of habeas corpus is not to be lightly or easily abused. Sanders v. U.S., 
    373 U.S. 1
    (1963); Ex parte Carr, 
    511 S.W.2d 523
    (Tex. Crim. App. 1974). Because of his repetitive claims, we
    hold that Applicant’s claims are barred from review under Article 11.07, § 4, and are waived and
    abandoned by his abuse of the writ. This application is dismissed.
    Therefore, we instruct the Clerk of the Court of Criminal Appeals not to accept or file the instant
    application for a writ of habeas corpus, or any future application pertaining to this conviction unless
    Applicant is able to show in such an application that any claims presented have not been raised previously
    and that they could not have been presented in a previous application for a writ of habeas corpus. Ex
    parte Bilton, 
    602 S.W.2d 534
    (Tex. Crim. App. 1980).
    Copies of this order shall be sent to the Texas Department of Criminal Justice-Correctional
    Institutions Division and Pardons and Paroles Division.
    Filed: July 3, 2019
    Do not publish
    

Document Info

Docket Number: WR-78,188-16

Filed Date: 7/3/2019

Precedential Status: Precedential

Modified Date: 7/4/2019