Ex Parte Casey Sledge (Original)
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Pursuant to a plea bargain with the State, the applicant was placed on deferred adjudication for the offense of sexual assault of a child. The convicting court later found the applicant guilty and sentenced him to five years' imprisonment because, among other things, he allegedly committed two new offenses. Applicant did not appeal. The applicant then filed an initial post-conviction application for writ of habeas corpus pursuant to Article 11.07 of the Texas Code of Criminal Procedure, where he claimed that there was insufficient evidence to support his conviction. The Supreme Court denied the initial writ application without written order. This case was a subsequent post-conviction application for writ of habeas corpus. Here, applicant alleged that the trial court lacked jurisdiction to revoke his deferred adjudication community supervision because the capias for his arrest did not issue until three days after his community supervision period expired. While the Court was "not unsympathetic to the applicant's claim," it lacked authority to grant him relief through the "abuse of the writ doctrine," codified by Section 4 of Article 11.07. Applicant failed to state facts that contain facts that established either new law, new facts, or actual innocence. Accordingly, the Court dismissed applicant's application.
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