Vasquez, Richard

Opinion

WR-59,201-03 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 11/17/2015 11:23:32 AM Accepted 11/17/2015 12:55:29 PM ABEL ACOSTA WR 59,201-03 CLERK

RECEIVED COURT OF CRIMINAL APPEALS EX PARTE RICHARD VASQUEZ 11/17/2015 ABEL ACOSTA, CLERK

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IN THE DISTRICT COURT 148TH DISTRICT NUECES COUNTY, TEXAS

Returnable to

THE TEXAS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

STATE’S MOTION TO LIFT STAY OF EXECUTION AND TO DISMISS AS ABUSIVE SUBSEQUENT 11.071 APPLICATION FOR WRIT OF HABEAS CORPUS

Douglas K. Norman State Bar No. 15078900 Assistant District Attorney 105th Judicial District of Texas 901 Leopard, Room 206 Corpus Christi, Texas 78401 (361) 888-0410 (361) 888-0399 (fax) douglas.norman@nuecesco.com

Attorney for the State

1 WR-59,201-03

EX PARTE § IN THE DISTRICT COURT § § 148TH JUDICIAL DISTRICT § RICHARD VASQUEZ § NUECES COUNTY, TEXAS

COMES NOW the State of Texas, by and through its Assistant District

Attorney for the 105th Judicial District of Texas, and pursuant to Texas Code

of Criminal Procedure arts. 11.071 and 11.073, files this motion to lift stay

of execution and to dismiss as abusive the present subsequent application for

writ of habeas corpus.

By its order of April 20, 2015, this Court more than six months ago

stayed Applicant’s execution, pending further order. No additional briefing

was ordered, nor has the posture of the case changed in the interim. For the

reasons expressed in its previously-filed motion to dismiss, the State

respectfully requests the Court to revisit the issue of whether Applicant is

entitled to relief in this matter.

2 PRAYER

WHEREFORE, the State prays that the Court will lift stay of

execution and dismiss as abusive the present subsequent application for writ

of habeas corpus.

Respectfully submitted,

/s/ Douglas K. Norman ___________________ Douglas K. Norman State Bar No. 15078900 Assistant District Attorney 105th Judicial District of Texas 901 Leopard, Room 206 Corpus Christi, Texas 78401 (361) 888-0410 (361) 888-0399 (fax)

CERTIFICATE OF SERVICE

This is to certify that a copy of this document was e-served on

November 17, 2015, on Applicant’s attorneys, Mr. Andrew M. Edison,

Andrew.edison@emhllp.com, and Mr. James Chambers,

james.chambers@emhllp.com.

/s/ Douglas K. Norman ___________________ Douglas K. Norman