IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,926-02
EX PARTE ALBERTO PENA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 20120D04958-120-2 IN THE 120TH DISTRICT COURT
FROM EL PASO COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual
assault of a child and indecency with a child by contact and sentenced to 20 years. The Court of
Appeals affirmed the conviction. Pena v. State, No. 08-16-00236-CR (Tex. App.—El Paso March
27, 2019, pet. ref’d) (not designated for publication).
This Court received this 11.07 application on April 13, 2020, and dismissed the writ as
noncompliant on May 6, 2020. The Court has since received Applicant’s “Motion for
Reconsideration.” In it, Applicant notes that we previously dismissed the writ as noncompliant, and
2
he corrected the error when he refiled the writ. We now withdraw our order of May 6, 2020, and
reconsider the case on our own motion. TEX . R. APP. P. 79.2(d).
This Court has undertaken an independent review of all the evidence and pleadings in the
record. Based on this Court’s independent review of the entire record, we deny the application on
the merits.
Filed: October 14, 2020
Do not publish