Opinion
WR-95,669-01
06-05-2024
EX PARTE CHRISTOPHER WAYNE BAKER, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 14512-B(1) IN THE 104TH DISTRICT COURT FROM TAYLOR COUNTY
ORDER
PER CURIAM.
Applicant filed an application for a writ of habeas corpus in the trial court, and the district clerk forwarded the habeas application to this Court. See Tex. Code Crim. Proc. art. 11.07. This Court has made an independent review of the habeas application, Applicant's memorandum in support, the State's response, and the habeas record.
In 2002, a grand jury indicted Applicant for multiple child-sex offenses. Under a plea agreement, Applicant pled no contest in 2003 to one count of sexual assault for deferred adjudication community supervision. In 2005, the trial court revoked the probation and assessed a twenty-year prison sentence. The appellate court dismissed Applicant's appeal. Baker v. State, No. 11-05-00165-CR (Tex. App.- Eastland Mar. 9, 2006) (not designated for publication).
In one ground, Applicant raises a time-credit claim. He alleges that he is not receiving about 317 days of pretrial confinement credit. The appropriate procedure for questioning this credit is for Applicant to present the issue to the trial court by way of a nunc pro tunc motion. Ex parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App. 2004). This claim is dismissed.
In four additional grounds, Applicant attacks his conviction. The claims lack merit. Applicant fails to show that the State violated the plea agreement. Applicant fails to show that his counsel provided ineffective assistance or that Applicant's plea was not voluntary. Applicant fails to show that the State engaged in misconduct to obtain the conviction. These claims are denied.
Copies of this order shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and the Board of Pardons and Paroles.