Fratta, Robert Alan ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-31,536-07
EX PARTE ROBERT ALAN FRATTA, Applicant
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS
AND MOTION TO STAY THE EXECUTION IN CAUSE NO. 1195044
IN THE 230TH JUDICIAL DISTRICT COURT
HARRIS COUNTY
Per curiam.
ORDER
This is a subsequent application for a writ of habeas corpus filed pursuant to the
provisions of Texas Code of Criminal Procedure Article 11.071 § 5 and a motion to stay
Applicant’s execution.1
In June 2009, a jury convicted Applicant of the offense of capital murder for the
death of his estranged wife. See TEX. PENAL CODE ANN. § 19.03(a). The jury answered
1
Unless otherwise indicated all references to Articles in this order refer to the Code of
Criminal Procedure.
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the special issues submitted under Article 37.071 and the trial court, accordingly, set
Applicant’s punishment at death.
This Court affirmed Applicant’s conviction and sentence on direct appeal, denied
habeas relief on his initial Article 11.071 writ application, and dismissed his first and
second subsequent Article 11.071 applications as abuses of the writ. Fratta v. State, No.
AP-76,188 (Tex. Crim. App. Oct. 5, 2011) (not designated for publication); Ex parte
Fratta, No. WR-31,536-04 (Tex. Crim. App. Feb. 12, 2014) (not designated for
publication); Ex parte Fratta, No. WR-31,536-05 (Tex. Crim. App. June 30, 2021) (not
designated for publication); Ex parte Fratta, No. WR-31,536-06 (Tex. Crim. App. May
25, 2022) (not designated for publication).
This Court received this, Applicant’s third subsequent Article 11.071 application
for a writ of habeas corpus, on December 15, 2022. However, the pleading does not
comply with the rules. Effective August 1, 2022, this Court amended Texas Rule of
Appellate Procedure 9.4(i) (length of documents) to limit an Article 11.071 subsequent
application to “37,500 words if computer-generated, and 125 pages if not.” Applicant’s
writ application is 251 pages long – more than double the allowed length.
Therefore, Applicant has until December 27, 2022, to file an amended application
with the convicting court in a form that complies with the rules or to show good cause to
this Court why he should be allowed to file a longer pleading.
IT IS SO ORDERED THIS THE 20th DAY OF DECEMBER, 2022.
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Do Not Publish