Opinion
WR-28,425-10
07-31-2024
EX PARTE RODNEY JAMES DILWORTH, Applicant
Do not publish
On Application for a writ of Habeas Corpus Cause No. W296-80697-92-HC5 in the 296th District Court from Collin County
ORDER
PER CURIAM.
Applicant was convicted of attempted murder and sentenced to 99 years' imprisonment. The Fifth Court of Appeals affirmed his conviction. Dilworth v. State, No. 05-93-00264-CR (Tex. App.-Dallas Feb. 18, 1994, pet. ref'd). 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.
On July 7, 2021, this Court denied Applicant's previous application challenging the same conviction in our case number WR-28,425-08. That application purported to challenge a November 2020 parole revocation. Applicant now contends that he did not discover and could not in the exercise of reasonable diligence have discovered the March 2020 dismissal of a felony charge that was the basis of his August 2020 parole revocation until November 2021.
Because Applicant's current application was filed after final disposition of his previous application challenging the same conviction, this application is a subsequent application. Tex. Code Crim. Proc. art 11.07, § 4. This application contains sufficient specific facts establishing that Applicant's current claims challenging the parole revocation on the ground that the revocation was based on a felony charge that was dismissed could not have been presented previously because the factual basis was unavailable on the date Applicant filed the previous application. Art. 11.07, § 4(a)(1). However, this application does not contain sufficient specific facts establishing that Applicant's claims that the parole revocation was invalid for other reasons were not and could not have been presented in his previous application.
Applicant's Allegations two, five, and six are dismissed as subsequent. Tex. Code Crim. Proc. art. 11.07, §4. Based on the trial court's findings of fact as well as this Court's independent review of the entire record, we deny relief on Applicant's Allegations one, three, and four.
Copies of this order shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and the Board of Pardons and Paroles.