Luciano, Domingo ( 2010 )

  IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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  NO. WR-63,698-03

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EX PARTE DOMINGO LUCIANO, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 96-CRF-491 IN THE 105^TH DISTRICT COURT

FROM KLEBERG 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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of sexual assault and sentenced to seven years’ imprisonment.

            Applicant raised two grounds relating to an allegedly “void” parole revocation warrant. He also alleges that counsel was ineffective and that he is entitled to pre- and post-sentence jail time credits. This Court remanded the application to the trial court for a determination as to the merit of Applicant’s post-sentence jail credit claim. The trial court found that applicant received all time credits to which he is lawfully entitled.

            Applicant’s grounds raising ineffective assistance of counsel and pre-sentence jail time credits are dismissed as subsequent. Ex parte Whiteside, 12 S.W.3d 819, 821 (Tex. Crim. App. 2000); Tex. Code Crim. Proc. art. 11.07 § 4. Based on the trial court’s findings and this Court’s independent review of the record, Applicant’s remaining claims are denied. Accordingly, the application is denied in part and dismissed in part.

Filed: October 13, 2010

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