White, Victor

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-84,934-07

EX PARTE VICTOR WHITE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. D-38,105-B IN THE 358TH DISTRICT COURT FROM ECTOR COUNTY

Per curiam. KELLER, P.J., filed a dissenting in which YEARY, KEEL and SLAUGHTER, J.J., joined.

OPINION

Applicant was convicted via a three-count indictment of attempted capital murder (count I),

attempted murder (count II), and aggravated assault (count III). He was sentenced to life

imprisonment for count I, twenty years’ imprisonment for count II, and twenty years’ imprisonment

for count III. The Eleventh Court of Appeals affirmed his convictions. White v. State, No. 11-13-

00096–CR (Tex. App.—Eastland Mar. 26, 2015) (not designated for publication). Applicant filed

this application for a writ of habeas corpus in the county of conviction, and the district clerk

forwarded it to this Court. See TEX. CODE CRIM. PROC. ANN. ART. 11.07.

In this subsequent habeas application, Applicant contends that his trial was unfair and that

trial counsel was ineffective. These claims are barred as subsequent. TEX. CODE CRIM. PROC. ANN. 2

ART. 11.07 § 4. Applicant also contends that his convictions for attempted murder (count II) and

aggravated assault (count III) violate double jeopardy. This claim is not barred as subsequent.

TEX. CODE CRIM. PROC. ANN. ART. 11.07 § 4; Ex parte Milner, 394 S.W.3d 502 (Tex. Crim. App.

2013).

Relief is granted. Counts II and III of the judgment in cause number D-38,105 in the 358th

District Court of Ector County are set aside. Copies of this opinion shall be sent to the Texas

Department of Criminal Justice–Correctional Institutions Division and the Board of Pardons and

Paroles.

Delivered: May 15, 2024

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