Jimenez, Ex Parte Antonio Davila ( 2011 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-76,575

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EX PARTE ANTONIO DAVILA JIMENEZ, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1990CR4654 IN THE 187th DISTRICT COURT FROM BEXAR COUNTY

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   Per curiam.



O R D E R  

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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of felon in possession of a weapon and sentenced to thirty years' imprisonment.

Applicant contends that his conviction in this case is void. Specifically, Applicant alleges that a prior rape of a child conviction was used as a predicate felony to charge him with the offense of felon in possession of a weapon. He claims that he successfully challenged the rape of a child conviction, inasmuch as that conviction was subsequently set aside and the charge dismissed. We order that this application be filed and set for submission to determine whether the subsequent vacation and dismissal of the predicate felony in this cause renders the conviction void. The parties shall brief these issues.

The trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing either the order appointing counsel or a statement that Applicant is not indigent. All briefs shall be filed with this Court on or before September 12, 2011.

  Filed: June 15, 2011

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