IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 0842838D IN THE CRIMINAL DISTRICT COURT NO. ONE DALLAS COUNTY
O R D E R
This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3. Applicant was convicted of aggravated sexual assault of a child under fourteen years of age, and punishment was assessed at confinement for life. Applicant's conviction was affirmed on appeal. Denton v. State, No. 02-02-00467-CR (Tex. App.-Fort Worth, delivered February 26, 2004, pet. ref'd).
Applicant alleges that trial counsel was ineffective, and that his conviction was obtained by the use of a coerced confession because he is actually innocent. To support these allegations, the Applicant submitted a purported sworn affidavit from Sherry Smith, in which she states that she had her daughter "lie" in order to secure a conviction in this cause . The affidavit was purportedly notarized by Christy Putnam.
However, in its findings of fact, the trial court found that the affidavit was forged and perjurious. Specifically, the trial court obtained an affidavit from Sherry Smith in which she denies ever signing the affidavit provided by the Applicant. The trial court also obtained an affidavit from Christy Putnam, in which she denies ever notarizing the affidavit provided by the Applicant . The trial court concluded that the affidavit provided by the Applicant was false and forged.
We find that Applicant has abused The Great Writ by submitting false evidence, deny this application, and cite him for abuse of the writ. Applicant has waived and abandoned any contention he might have in regard to the instant conviction, at least insofar as existing claims which he could or should have brought in this application. Ex parte Jones, 97 S.W.3d 586 (Tex.Crim.App. 2003); Middaugh v. State, 683 S.W.3d 713 (Tex.Crim.App. 1985); Ex parte Emmons, 660 S.W.3d 106 (Tex.Crim.App. 1983). Additionally, based on Applicant's submission of perjurious evidence, we find that Applicant has filed a frivolous lawsuit.
It is therefore ORDERED that the present application submitted under Tex. Code Crim. Proc. 11.07 is denied. In addition, we cite Applicant for abuse of the writ.
DELIVERED: March 29, 2006
PUBLISH