Newell, John Henry ( 2009 )

  IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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  NO. WR-72,769-02

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EX PARTE JOHN HENRY NEWELL, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 39,240 IN THE 147TH DISTRICT COURT

FROM TRAVIS COUNTY

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           Per curiam.

O RDER  

            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 robbery by assault and sentenced to life imprisonment. He did not appeal his conviction.

            Applicant contends that the parole board’s consideration of his 1969 robbery conviction as a crime rendering him ineligible for annual parole review under Section 508.141(g) of the Government Code violates the prohibitions against ex post facto laws. Applicant also contends that if TDCJ is classifying his offense under the current penal code section, he is entitled to the range of punishment applicable to current robbery offenses and should be released since he has served over twenty years. The trial court made findings of fact and conclusions of law and recommended that we deny relief. We agree that Applicant’s claims are without merit and adopt the trial judge’s findings of fact and conclusions of law with the exception of finding and conclusion #6. Based on the rest of the trial court’s findings and conclusions and our own review of the record, relief is denied.

Delivered: December 16, 2009

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