Opinion
NO. WR-84,870-02
05-03-2017
EX PARTE JESUS E. COSIO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR-1844-07-C(2) IN THE 139TH DISTRICT COURT FROM HIDALGO 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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of aggravated sexual assault and sentenced to imprisonment for fifteen and twenty-five years. He was also convicted of two counts of indecency with a child and placed on community supervision for ten years.
The court of appeals reversed one of Applicant's indecency with a child convictions and remanded this case for the entry of a judgment of acquittal. In that proceeding, the court of appeals also reversed the judgments with respect to the remaining convictions and remanded this case for further proceedings. Cosio v. State, 318 S.W.3d 917 (Tex. App.—Corpus Christi 2010). We reversed the judgment of the court of appeals and remanded this case so that the court of appeals could address Applicant's remaining points of error. Cosio v. State, 353 S.W.3d 766 (Tex. Crim. App. 2011). On remand, the court of appeals affirmed the judgments of conviction. Cosio v. State, 358 S.W.3d 762 (Tex. App.—Corpus Christi 2011).
Because Applicant was placed on community supervision in his remaining indecency with a child case, his conviction is not final for purposes of Article 11.07 of the Code Criminal Procedure. See Ex parte Renier, 734 S.W.2d 349, 351 (Tex. Crim. App. 1987) ("Here because applicant was granted probation, there is no final conviction [for purposes of Article 11.07 of the Code of Criminal Procedure]"). Accordingly, Applicant's claims relating to his remaining indecency with a child conviction are dismissed.
After independently reviewing the record, we conclude that Applicant's claims relating to his aggravated sexual assault convictions are without merit. Relief is denied.
This application is dismissed in part and denied in part. Filed: May 3, 2017
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