Ex parte FRANK MOORE (Concurring Statement)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-40,046-04

Ex parte FRANK MOORE, Applicant

On Application for Writ of Habeas Corpus from

Bexar County

Statement of Womack, J., respecting the dismissal of the application.

I join the Court's order which dismisses this subsequent application because it does not meet the statutory requirement of showing actual innocence. (1) The application also fails to meet the requirement that "the current claims and issues have not been and could not have been presented previously …because the factual or legal basis was unavailable on the date the applicant filed the previous application." (2)

Filed December 18, 2008.

Do Not Publish.

1. See Code of Criminal Procedure art. 11.071, § 5(a)(2).

2. Id., § 5(a)(1).