Munoz, Ex Parte Alonzo ( 2005 )

  IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. AP-74,563

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EX PARTE ALONZO MUNOZ, JR., Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM BROOKS COUNTY

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PER CURIAM. MEYERS, J., not participating.

O P I N I O N

   We filed and set this application for writ of habeas corpus to consider applicant's claim that the trial court erred in granting a new trial "as to punishment only." However, while this application was pending, applicant filed a second application relating to this conviction. The new application alleged that his attorney was ineffective for failing to timely file an appeal. We granted relief, affording applicant the opportunity to file an out-of-time appeal. ⁽¹⁾ Because applicant's conviction is no longer final, the present application is dismissed. ⁽²⁾

Date delivered: September 28, 2005

Do Not Publish

1. Ex parte Munoz, AP-75,232 (August 31, 2005)(not designated for publication).

2. See Ex parte Steptoe, 132 S.W.3d 434 (Tex. Crim. App. 2004).