Delao, Elisello Usevio ( 2011 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NOS. WR-72,753-01 & -03

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EX PARTE ELISELLO USEVIO DELAO, Applicant

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ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS CAUSE NO. 9363 IN THE 132ND DISTRICT COURT FROM SCURRY 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 these applications 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 five years' imprisonment. The Eleventh Court of Appeals dismissed his appeal. Delao v. State, No.11-08-00278-CR (Tex. App.-Eastland June 11, 2009, no pet.).

On October 28, 2009, we denied the -01 application. We now reconsider that disposition on our own motion and dismiss the -01 application. When that application was filed in the trial court, Applicant's conviction was not final. We do not have jurisdiction under Article 11.07 unless a felony conviction is final. Tex. Code Crim. Proc. art. 11.07, § 3(a). On June 2, 2011, we received the -03 application. Based on our own independent review of the record, we conclude that Applicant's claims are without merit. Accordingly, this application is denied.

Filed: June 22 , 2011

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