Weems, Ruthen James

• Court: Court of Criminal Appeals of Texas
• Decided: April 29, 2020
• Docket: WR-87,085-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-87,085-02

EX PARTE RUTHEN JAMES WEEMS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2015-229-C2B IN THE 54TH DISTRICT COURT FROM MCLENNAN COUNTY

Per curiam.

ORDER

Applicant was convicted of one count of aggravated assault and one count of unlawful

possession of a firearm and sentenced to life and ten years’ imprisonment respectively. The Tenth

Court of Appeals affirmed his convictions. Weems v. State, No. 10-17-00404-CR (Tex.

App.—Waco April 10, 2019)(not designated for publication).

The Court received this writ application on October 22, 2019. On November 6, 2019,

this Court denied it without written order. However, it has now come to the Court’s attention

that the mandate in Applicant’s direct appeal had not yet issued in his direct appeal when he

filed the application in the trial court, and this application was not final for purposes of article 2

11.07. T EX. C ODE C RIM. P RO. Art. 11.07; Ex parte Johnson, 12 S.W.3d 472 (Tex. Crim. App.

2000). Therefore, this application should have been dismissed as untimely filed.

Accordingly, the Court withdraws its prior ruling which denied this application without

written order and enters this order dismissing the application.

Applicant’s writ application is dismissed.

Filed: April 29, 2020

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