Lynch, Vince Allen ( 2010 )

  IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-70,250-02

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EX PARTE VINCE ALLEN LYNCH, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 114-81113-97 IN THE 114TH DISTRICT COURT

FROM SMITH 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 aggravated assault and sentenced to ten years' imprisonment. He did not appeal his conviction.

Applicant contends that he was erroneously released to parole and denied street time. The trial court concluded that this is a subsequent application for a writ of habeas corpus. We disagree. Article 11.07, § 4 of the Code of Criminal Procedure is limited to cases in which a "subsequent application for writ of habeas corpus is filed after final disposition of an initial application challenging the same conviction." (Emphasis added). In his -01 application, Applicant contended that he was denied street time. This claim did not "challenge" the conviction by "call[ing] into question the validity of the prosecution or the judgment of guilt." Ex parte Evans, 964 S.W.2d 643, 647 (Tex. Crim. App. 1998); see also Ex parte Whiteside, 12 S.W.3d 819, 821 (Tex. Crim. App. 2000). Accordingly, Applicant's present claim is not procedurally barred under § 4. Having concluded that his claim is not procedurally barred, we deny relief.

Filed: May 5, 2010

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