Opinion
WR-95,616-01
06-05-2024
EX PARTE MICHAEL DEAN ISBELL, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. DC-F202300511-A IN THE 18TH DISTRICT COURT FROM JOHNSON COUNTY
ORDER
PER CURIAM.
A grand jury indicted Applicant for one count of second-degree felony possessing with intent to deliver methamphetamine and two counts of state-jail felony possessing methamphetamine. Applicant pled guilty under a plea agreement. The trial court assessed a seven-year prison sentence for the possession with intent to deliver count. The trial court assessed two-year prison sentences probated for five years for the two other possession counts. The trial court also dismissed charges of resisting arrest and unlawful carrying of a weapon. Applicant forfeited a seized .40 caliber Smith and Wesson firearm, including all ammunition, for destruction. The sentences are running concurrently. Applicant did not appeal.
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 raises many claims arguing that his convictions are unlawful. This Court has made an independent review of the record. The claims lack merit, and Applicant fails to show entitlement to habeas relief.
Count one charging possession with intent to deliver methamphetamine resulted in a final felony conviction and prison sentence challengeable via an Article 11.07 habeas application to this Court. See Tex. Code Crim. Proc. art. 11.07 § 3(a). The claims challenging the conviction in count one are denied. Counts two and three charging possession of methamphetamine resulted in probated sentences and community supervision that must be collaterally challenged via an Article 11.072 habeas application to the trial court. See Tex. Code Crim. Proc. art. 11.072. The claims challenging the convictions in counts two and three are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App.1997).
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and the Board of Pardons and Paroles.