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Click here for the full text of this decision FACTS:This is a post-conviction application for a writ of habeas corpus. Applicant was convicted of aggravated sexual assault of a child under 14 years of age, and punishment was assessed at confinement for life. Applicant’s conviction was affirmed on appeal. 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. HOLDING:The application is denied, and the applicant is cited for abuse of the writ. Based on applicant’s submission of perjurious evidence, the court finds that applicant has filed a frivolous lawsuit. OPINION:Per curiam.

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