Patterson, Mathew Lloyd ( 2009 )

  IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-72,865-01

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EX PARTE MATHEW LLOYD PATTERSON, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 54,899 IN THE 72,865-01 DISTRICT COURT

FROM BRAZORIA COUNTY

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   Per curiam.

O R D E R  

   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 charged in a single indictment and convicted of two counts of intoxication manslaughter and one count of intoxication assault. Applicant was sentenced to two years' imprisonment for each of the intoxication manslaughter counts, and ten years probated for the intoxication assault count. He did not appeal his conviction, and there is no indication that his probation was ever revoked on the third count.

Applicant filed this writ of habeas corpus, alleging that he was denied due process, and that he was subject to double jeopardy. Applicant's claims are without merit. However, because Applicant's conviction in count three is not final for purposes of 11.07 habeas jurisdiction, his writ is denied as to counts one and two, and dismissed as to count three.

Filed: November 4, 2009

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