Opinion
No. WR-72,410-01
Delivered: September 23, 2009. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus Cause Number 7959 in the 27th Judicial District Court Lampasas County.
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 aggravated assault and sentenced to thirty-five years' imprisonment. The Third Court of Appeals affirmed his conviction for this count. Maher v. State, No. 03-07-179-CR (Tex. App.-Austin, delivered July 10, 2008). The trial court signed findings of fact and conclusions of law on September 11, 2009. Based on those findings and our own independent review of the record, we find that Applicant's claims that challenge his conviction are without merit. Therefore, we deny relief. The trial court recommends that Applicant's time credit claim be dismissed because he failed to exhaust his administrative remedies. Applicant alleged that he presented this claim to the time credit resolution section of the Texas Department of Criminal Justice more than 180 days prior to presenting this application for writ of habeas corpus to the trial court. He has therefore met the requirements under the Texas Government Code to present this claim on an application for writ of habeas corpus to this court. TEX. GOV'T CODE § 501.0081(b). He has not, however, alleged that he presented this claim to the trial court in the form of a motion for judgment nunc pro tunc. Applicant's claim for pre-sentence jail time credit is therefore dismissed pursuant to Ex Parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App. 2004).