Opinion
NO. WR-42, 327-10
09-14-2011
EX PARTE CARLTON STROUD, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1997CR3770-W4 IN THE 290TH JUDICIAL DISTRICT COURT
FROM BEXAR 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 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 and sentenced to thirty-five years' imprisonment.
On June 22, 2011, this Court remanded this application to the trial court for findings of fact and conclusion of law addressing Applicant's claims that he had not been timely afforded a preliminary hearing on his parole revocation. On August 11, 2011, the trial court made findings of fact and conclusions of law that were based on an affidavit provided by TDCJ. The trial court recommended that the application be dismissed.
This Court has reviewed Applicant's first and second grounds for relief and has determined that they are barred from review under Article 11.07, Section 4 of the Texas Code of Criminal Procedure. Therefore, those claims are dismissed. Applicant's remaining claims concerning the parole revocation hearing are now moot, because Applicant has been continued on parole. These claims are dismissed as moot.
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