Savage, Milton Jr ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,608-01
EX PARTE MILTON SAVAGE JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. F-2004-1606-E-WHC 1 IN THE 367TH DISTRICT COURT
FROM DENTON COUNTY
Per curiam.
OPINION
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 as a habitual felon and sentenced to twenty-five years’ imprisonment and a $5000 fine.
Applicant contends, inter alia, that the $5000 fine is not authorized as punishment under the
habitual-felon statute. See TEX . PENAL CODE 12.42(d). He is correct. The trial court, with the State’s
agreement, “recommends that Applicant receive relief by having the jury’s verdict reformed by
removing the unauthorized fine from Applicant’s sentence.” The recommendation is supported by
the habeas record and applicable law. See TEX . CODE CRIM . PROC. art. 37.10(b).
2
We hold that the $5000 fine imposed in cause no. F-2004-1606-E, The State of Texas v.
Milton Savage, Jr., from the 367th District Court of Denton County is vacated. The 25-year sentence
remains unchanged. A review of Applicant’s remaining claims shows that they lack merit. These
claims are denied.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: September 11, 2019
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