Gibson, James Edward

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-56,769-03
EX PARTE JAMES EDWARD GIBSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2012CR7134-W2 IN THE 186TH DISTRICT COURT
FROM BEXAR 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 pleaded guilty to unlawful
possession of a firearm by a felon, and was sentenced to fifteen years’ imprisonment.
In the instant application, Applicant contends in his first ground for review that the
trial court abused its discretion by ordering this sentence to run concurrently with a prior
sentence. In his second ground for review, Applicant contends that the Board of Pardons and
Paroles is retroactively applying Section 508.149 of the Texas Government Code to deny him
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eligibility for mandatory supervision, in violation of the prohibition on ex post
facto application of the law. Lastly, Applicant alleges that his plea agreement in this case has
been violated, rendering the plea involuntary because he believed at the time of the plea that
his previous sentence would be the controlling sentence for purposes of mandatory
supervision eligibility and release.
This Court has reviewed Applicant's first ground for relief and has determined that it
is barred from review under Article 11.07, Section 4 of the Texas Code of Criminal
Procedure. Therefore, that ground is dismissed. Applicant's remaining claim concerning the
ex post facto application of the law and breach of the plea agreement are denied.
Filed: October 24, 2018
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