Esparza, Edward Ray ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-11,882-05

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EX PARTE EDWARD RAY ESPARZA, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM HARRIS COUNTY

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   Johnson, J., filed a concurring statement.



C O N C U R R I N G S T A T E M EN T

I concur in the judgment of the Court denying relief. Chapter 64 has a number of unanswered questions concerning its scope and applicability, but one question has been answered; habeas corpus relief is not available for claims based on Chapter 64. See Ex Parte Baker, 185 S.W.3d 894 (Tex. Crim. App. 2006); Ex Parte Suhre, 185 S.W.3d 898 (Tex. Crim. App. 2006). However, Chapter 64 does not bar subsequent applications. Baker at 897. Applicant is free to file a second petition under Chapter 64 and then to appeal any adverse result.

Filed: September 13, 2006

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