Enriquez, Juan Rudy

• Court: Court of Criminal Appeals of Texas
• Decided: February 27, 2013
• Docket: WR-2,330-14
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-02,330-14 EX PARTE JUAN RUDY ENRIQUEZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 3862 IN THE 81ST DISTRICT COURT

FROM KARNES COUNTY

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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder with malice and sentenced to death. This Court affirmed the judgment of conviction. Enriquez v. State, 429 S.W.2d 141 (Tex. Crim. App. 1968). Applicant's death sentence was later commuted to life.

Applicant contends that: (1) he is actually innocent of capital murder; (2) but for a constitutional violation, no reasonable juror would have found him guilty; (3) he was denied counsel during the period when he could have filed a motion for new trial; (4) he was denied counsel at the plea bargaining stage of his case; (5) the State broke its promise on a 1969 sentencing agreement; and (6) the State violated Brady v. Maryland, 373 U.S. 83 (1963).

Applicant's third ground is without merit and is denied. His remaining grounds are dismissed. Tex. Code Crim. Proc. art. 11.07, § 4. Accordingly, this application is denied in part and dismissed in part.

Filed: February 27, 2013

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