Daniel, David Alan ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,099-03
EX PARTE DAVID ALAN DANIEL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. C-396-010968-1355862-C IN THE 396th DISTRICT COURT
FROM TARRANT COUNTY
Per curiam.
ORDER
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 one count of
racing on a highway causing serious bodily injury and a second count of racing on a highway causing
bodily injury. He was sentenced to two years’s imprisonment on count one and ten years’
community supervision on count two. The Court of Appeals affirmed the conviction. Daniel v.
State, 478 S.W.3d 773 (Tex. App.—Fort Worth 2015).
Applicant alleges the State knowingly presented false testimony, his trial counsel rendered
ineffective assistance, his appellate counsel rendered ineffective assistance, and the State suppressed
2
favorable evidence in this case. The trial court, based upon the record, recommends relief be denied.
We agree as to count one of the conviction and deny relief. As these claims pertain to count two,
this Court does not have jurisdiction because Applicant received community supervision. Therefore,
Applicant does not have a final felony conviction for purposes of Article 11.07, and the application
as it pertains to count two is dismissed.
Filed: March 22, 2017
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