Opinion
WR-84,934-07
10-26-2022
EX PARTE VICTOR WHITE, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. D-38,105-B IN THE 358TH DISTRICT COURT FROM ECTOR COUNTY
ORDER
Per Curiam.
Applicant was convicted via a three-count indictment of attempted capital murder (count I), attempted murder (count II), and aggravated assault (count III). He was sentenced to life imprisonment for count I, twenty years' imprisonment for count II, and twenty years' imprisonment for count III. The Eleventh Court of Appeals affirmed his convictions. White v. State, No. 11-13-00096-CR (Tex. App.-Eastland Mar. 26, 2015) (not designated for publication). Applicant's initial application for habeas corpus relief was denied in 2016.
Applicant filed this subsequent habeas application contending for the first time that he has received multiple punishments for the same conduct in violation of the Double Jeopardy Clause. We order that this application be filed and set for submission to determine whether a double jeopardy claim involving multiple-punishments arising from convictions under separate legal theories can satisfy the "innocence gateway" exception to the subsequent writ bar, as provided in Texas Code of Criminal Procedure Art. 11.07 § 4(a)(2). The parties shall brief these issues. Oral argument is not permitted.
Applicant appears to be represented by counsel. If not, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and wants to be represented by counsel, the trial court shall appoint counsel to represent him. See Tex. Code Crim. Proc. art. 26.04. Within sixty days from the date of this order, the trial court shall send to this Court a supplemental transcript containing a confirmation that Applicant is represented by counsel, the order appointing counsel, or a statement that Applicant is not indigent or does not want to be represented by counsel. All briefs shall be filed with this Court within ninety days from the date of this order.