Lozano, Edward

• Court: Court of Criminal Appeals of Texas
• Decided: March 3, 2010
• Docket: WR-73,403-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-73,403-01 EX PARTE EDWARD LOZANO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 007-1670-01 IN THE 7^TH DISTRICT COURT

FROM SMITH COUNTY

Per curiam.

O P I N I O N

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 sexual assault and sentenced to sixteen years' imprisonment.

In his present application, Applicant raises four grounds for challenging his conviction. This application, however, presents a more serious question. Applicant states in his sworn application that he was seventeen on the day of his conviction. The record reflects that Applicant's birth date is July 13, 1982. The date of the offense is listed in the indictment as January 27, 2001. Applicant was therefore eighteen years old at the time of the offense, nineteen years old when he was given deferred adjudication supervision on June 27, 2002, and twenty-five years old when his guilt was adjudicated on April 28, 2008.

The writ of habeas corpus is not to be lightly or easily abused. Sanders v. U.S., 373 U.S. 1 (1963); Ex parte Carr, 511 S.W.2d 523 (Tex. Crim. App. 1977). We find that Applicant has abused The Great Writ by submitting false evidence. We dismiss this application and cite him for abuse of the writ. By that abuse, Applicant has waived and abandoned any contention that he might have in regard to the instant conviction, at least insofar as existing claims that he could have or should have brought in the application. Ex parte Jones, 97 S.W.3d 586 (Tex. Crim. App. 2003); Middaugh v. State, 683 S.W.2d 713 (Tex. Crim. App. 1985); Ex parte Emmons, 660 S.W.2d 106 (Tex. Crim. App. 1983).

Therefore, we instruct the Honorable Louise Pearson, Clerk of the Court of Criminal Appeals, not to accept or file the instant application for a writ of habeas corpus, or any future application attacking this conviction unless Applicant is able to show in such an application that any claims presented have not been raised previously and that they could not have been presented in a previous application for a writ of habeas corpus. Ex parte Bilton, 602 S.W.2d 534 (Tex. Crim. App. 1980).

A copy of this order shall be sent to the Texas Department of Criminal Justice, Correctional Institutions Division.

Filed: March 3, 2010

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