Opinion
WR-28,344-40
04-24-2024
EX PARTE MARCUS GREEN, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. D-1-DC-01-904200-Z IN THE 167TH DISTRICT COURT FROM TRAVIS COUNTY
ORDER
Per curiam
Applicant was convicted of practicing medicine without a license and sentenced to forty years' imprisonment. The Third Court of Appeals affirmed his conviction. Green v. State, 137 S.W.3d 356 (Tex. App.-Austin 2004). 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.
In the instant application, Applicant alleges that he was recently improperly denied release to discretionary mandatory supervision and that the trial court lacked jurisdiction over his case.
This Court has previously cited Applicant for abuse of the writ because Applicant continues to raise grounds that were previously rejected on the merits or that should have been raised in previous applications. When an applicant has been cited for abuse of the writ, we will not consider the merits of the grounds in subsequently-filed applications unless the applicant shows that the factual or legal basis of those grounds was unavailable in a previously filed application. This Court has reviewed Applicant's claim that he was improperly denied release to discretionary mandatory supervision and has determined that it is without merit. Therefore, it is denied. Applicant's remaining lack-of-jurisdiction claim is barred from review; as such, it is dismissed. Tex. Code Crim. Proc. art. 11.07 § 4.