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Ex parte Henry

Court of Criminal Appeals of Texas
May 17, 2023
WR-94,647-02 (Tex. Crim. App. May. 17, 2023)

Opinion

WR-94,647-02

05-17-2023

EX PARTE BRUCE ALLEN HENRY, Applicant


Do not publish

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. DC-F201800073-A IN THE 413TH DISTRICT COURT FROM JOHNSON COUNTY

ORDER

PER CURIAM.

Applicant was convicted of four counts of possession of a controlled substance and sentenced to 20 years' imprisonment for Count One, ten years probated for five years for Count Two, ten years' imprisonment for Count Three, and six months' state jail imprisonment for Count Four, all to run concurrently. The Seventh Court of Appeals affirmed his conviction. Henry v. State, No.. 07-18-00179-CR (Tex. App. - Amarillo November 27, 2018) (not designated for publication). 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.

Applicant's grounds for review in this application pertain solely to the community supervision he received in Count Two and the duration of that community supervision. However, relief is available by way of an application for writ of habeas corpus pursuant to Article 11.07 of the Texas Code of Criminal Procedure only for final felony convictions. Because Applicant's community supervision in Count Two has not been revoked, Article 11.07 habeas review is not available as to that count. See Tex. Code Crim. Proc. Arts. 11.07, § 3(a), 11.072. Therefore, this application is dismissed.


Summaries of

Ex parte Henry

Court of Criminal Appeals of Texas
May 17, 2023
WR-94,647-02 (Tex. Crim. App. May. 17, 2023)
Case details for

Ex parte Henry

Case Details

Full title:EX PARTE BRUCE ALLEN HENRY, Applicant

Court:Court of Criminal Appeals of Texas

Date published: May 17, 2023

Citations

WR-94,647-02 (Tex. Crim. App. May. 17, 2023)