Mascitti, John Guido Jr.

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-65,290-02 EX PARTE JOHN GUIDO MASCITTI, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NUMBER W366-80778-92(HC) IN THE 366^TH DISTRICT COURT

FROM COLLIN COUNTY

Per curiam.

O R D E R

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq. Applicant pleaded guilty and was convicted of the felony offense of burglary of a habitation with intent to commit theft as a habitual offender, and punishment was assessed at thirty-five years' confinement. No direct appeal was taken.

The Court received this writ application on November 20, 2006. On January 10, 2007, this Court dismissed it for failing to comply with the rules of appellate procedure. However, the record included two applications, including an application that did comply with the rules of appellate procedure. This Court has determined that the application was dismissed in error. After reconsideration on its own motion, the Court finds that the application should have been denied on the merits. Accordingly, the Court withdraws its prior order dismissing this application for failing to comply with the rules of appellate procedure and enters an order denying this application.

Applicant's writ application is denied.

DO NOT PUBLISH

DELIVERED: March 7, 2007