Opinion
WR-93,620-02
05-31-2023
EX PARTE ZACHARY TYLER SWINFORD, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. DC-F201900389-B IN THE 413TH DISTRICT COURT FROM JOHNSON COUNTY.
ORDER
Per curiam
Applicant was convicted of one count of burglary of a habitation and one count of attempted burglary of a habitation, and sentenced to twenty years' imprisonment for the burglary count and ten years, probated for the attempted burglary count, to run concurrently. The Tenth Court of Appeals affirmed his conviction. Swinford v. State, No. 10-19-00348-CR (Tex. App - Waco October 21, 2020) (not designated for publication). 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.
In this application, Applicant alleges that he received ineffective assistance of trial and appellate counsel, and that the trial court erred. Applicant's grounds for review as to Count One, in which he received a twenty-year prison sentence, are barred by Article 11.07, Section 4 of the Texas Code of Criminal Procedure. However, because it does not appear that Applicant's community supervision in Count Two was ever revoked, Article 11.07 habeas review is not available for Count Two. Therefore, Applicant's claims are dismissed as to Count One pursuant to Article 11.07, Section 4 of the Texas Code of Criminal Procedure, and dismissed as to Count Two because Applicant's community supervision has not been revoked. See Tex. Code Crim. Proc. Arts. 11.07, § 3(a), 11.072.