Vidales, Joe

• Court: Court of Criminal Appeals of Texas
• Decided: September 23, 2009
• Docket: WR-32,746-14
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-32,746-14

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EX PARTE JOE VIDALES, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 676525 IN THE 230TH DISTRICT COURT

FROM HARRIS COUNTY

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           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 attempted murder and sentenced to thirty-two years’ imprisonment. The First Court of Appeals affirmed his conviction. Vidales v. State, No. 01-94-00484-CR (Tex. App.–Houston [1st Dist.], Dec. 8, 1994, no pet.)

            In grounds one and four, Applicant raises claims relating to his Chapter 64 motion for DNA testing. See Tex. Code Crim. Proc. art. 64.01. These claims are denied. In grounds two, three, and five, Applicant contends that his rights under the Fourteenth Amendment of the United States Constitution and Article I, Section 19 of the Texas Constitution were violated. These claims are dismissed. Accordingly, this application is denied in part and dismissed in part.

Filed: September 23, 2009

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