Opinion
NO. WR-46,768-03
08-24-2011
EX PARTE STANLEY VERNE DELTENRE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 88-03-0012M-CR
IN THE 97th DISTRICT COURT FROM MONTAGUE 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of the o ffense of escape and sentenced to imprisonment for forty-five years. On appeal, Applicant's conviction was reversed and the trial court was ordered to enter a judgment of acquittal. Deltenre v. State, 776 S.W.2d 807 (Tex. App.-Fort Worth 1989) (affirmed by Deltenre v. State, 808 S.W.2d 97 (Tex. Crim. App. 1991)). Applicant filed the instant writ application, alleging, inter alia, that TDCJ is improperly considering the facts of that case for classification and parole considerations. The trial court ordered TDCJ to respond to Applicant's allegations.
Article 11.07 provides the mechanism for collaterally attacking final felony convictions. TEX. CODE CRIM. PROC. art. 11.07 § 1. Because Applicant was acquitted in this cause number, there is no final felony conviction to support a habeas corpus application filed under Article 11.07. Accordingly, the application is dismissed without prejudice to any remedies available under other cause numbers or causes of action. Do not publish