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Ex parte Wesley Lynn Ruiz v. <<

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Court of Criminal Appeals of Texas.

Ex parte Wesley Lynn Ruiz

NO. WR–78,129–03

Decided: November 19, 2014

ORDER

This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, § 5.1

In 2008, a jury convicted applicant of the offense of capital murder.   The jury answered the special issues submitted under Article 37.071, and the trial court, accordingly, set punishment at death.   This Court affirmed applicant's conviction and sentence on direct appeal.  Ruiz v. State, No. AP–75,965 (Tex.Crim.App. Oct. 28, 2009)(not designated for publication), cert. denied, 132 S.Ct. 402 (2011).   Applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court in 2010, and this Court denied relief in 2012.  Ex parte Ruiz, No. WR–78,129–01 (Tex.Crim.App. September 26, 2012)(not designated for publication).   Applicant filed a subsequent application while the first application was pending, and this Court dismissed that application.  Ex parte Ruiz, Nos. WR–78,129–02 (Tex.Crim.App. September 26, 2012)(not designated for publication).   Applicant filed this subsequent application for writ of habeas corpus in the convicting court on September 26, 2013.   The convicting court forwarded this application to this Court, where it was received on July 25, 2014.  Art. 11.071, § 5(b)(1).

We have reviewed this subsequent application and find that the allegations fail to satisfy the requirements of Article 11.071, § 5(a).   Accordingly, we dismiss the application as an abuse of the writ without considering the merits of the claims.  Art. 11.071, § 5(c).

IT IS SO ORDERED.

FOOTNOTES

1.   Unless otherwise indicated, all references to Articles are to the Texas Code of Criminal Procedure.

Per curiam.

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