Beall, Edward

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-48,403-03

EX PARTE EDWARD BEALL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W97-18249-U(C) IN THE 291ST DISTRICT COURT

FROM DALLAS COUNTY

Per curiam. YEARY , J., dissents.

ORDER

Applicant was convicted of aggravated sexual assault and sentenced to ten years’ imprisonment. The Fifth Court of Appeals affirmed his conviction. Beall v. State, No. 05-98- 01086-CR (Tex. App.—Dallas Jul. 21, 1999) (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. art. 11.07.

Applicant’s first writ application challenged the conviction and was denied without written order on the trial court’s findings without a hearing in February 2001. His second writ application was dismissed as non-compliant. The amended 11.07 application before the Court raises three grounds. Applicant’s cruel and unusual punishment ground and his prosecutorial misconduct ground are dismissed. TEX . CODE CRIM . PROC. art. 11.07 § 4(a). Based on the Court’s review of the entire record, including the live hearing from the prior habeas corpus proceedings in this case,1 Applicant’s actual innocence claim is denied.

Filed: January 15, 2020

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