Opinion
NO. WR-84,917-02
06-22-2016
EX PARTE JOSHUA DWAYNE DAVIS , Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. B-11-0277-SB-W-2 IN THE 119TH DISTRICT COURT FROM TOM GREEN 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 possession of a controlled substance, cocaine, with intent to deliver and sentenced to twenty-five years' imprisonment. The Third Court of Appeals affirmed his conviction. Davis v. State, No. 03-12-00203-CR (Tex. App.—Austin Aug. 27, 2013)(not designated for publication).
On May 4, 2016, this Court held that Applicant was entitled to an out-of-time petition for discretionary review. See Ex parte Davis, No. WR-84,917-01 (Tex. Crim. App. May 4, 2016)(not designated for publication). Subsequently, this Court received the instant habeas application, challenging the same conviction. Although Applicant filed the current application in the trial court prior to the disposition of the -01 application, the granting of the out-of-time appeal restored the pendency of the direct appeal. Applicant's current claims are now premature, and hence, subject to dismissal. See Ex Parte Brown, 662 S.W.2d 3, 4 (Tex. Crim. App. 1983)(no habeas jurisdiction while direct appeal is pending). Therefore, the instant writ is dismissed without prejudice. Filed: June 22, 2016
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