Swanson, James Westley

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,093-01
EX PARTE JAMES WESTLEY SWANSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W10-40964-P(A) IN THE 203RD DISTRICT COURT
FROM DALLAS 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 engaging in
organized criminal activity and sentenced to two years’ imprisonment. He did not appeal his
conviction.
Applicant contends that his sentence is illegal. He writes: “This should have been a state jail
felony offense but when Applicant’s deferred probation was revoked, he was sentenced to two years
in the penitentiary. This was an illegal sentence.”
The trial court made findings of fact and conclusions of law and recommended that we grant
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relief. We disagree. Applicant’s sentence is not illegal. Except as provided by in Subsection (c) of
the statute, the punishment range for a state jail felony is 180 days to 2 years. TEX . PEN . CODE §
12.35(a). Applicant was sentenced within the statutory punishment range. Relief is denied.
Filed: October 1, 2014
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