EX PARTE CHARLES MYERS (Other)

State: Texas

Docket No: WR-68,402-03

Case Date: 01/23/2008

Plaintiff: NORMA GLADYS DEAN-GROFF

Defendant: TERRY ROBERT GROFF--Appeal from 28th District Court of Nueces County

Preview:EX PARTE CHARLES MYERS (Other)

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IN THE COURT OF CRIMINAL APPEALS OF TEXAS
NO. WR-68,402-02 AND WR-68,402-03 EX PARTE CHARLES MYERS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. D-1-DC-06-904096 IN THE 147TH DISTRICT COURT FROM TRAVIS COUNTY 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
file:///C|/Users/Peter/Desktop/opinions/PDFs/16412.html[8/20/2013 6:37:30 PM]
transmitted to this Court these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of burglary of habitation and unlawful interception of wire communication and sentenced to 10 years' probation on the burglary of habitation count and 5 years' confinement on the unlawful interception of wire communication count. The Third Court of Appeals dismissed Applicant's direct appeal. See Meyers v. State, No AP-03-06-00661-CR (Tex. App.- Austin, 2006, no pet.) (not designated for publication.)
In his -02 application, Applicant raises various claims challenging the merits of his convictions and resulting sentences. He also complains about the Texas Board of Pardons and Paroles has failed to release him on parole. The trial judge has entered findings of fact and conclusions based on the evidence in the habeas record, affidavits, and/or his personal recollection. The trial judge found that the claims regarding the burglary of habitation conviction were not proper for review in a writ of habeas corpus filed pursuant to Art. 11.07 of the Texas Code of Criminal Procedure because Applicant received a probated sentence which has not been revoked. The trial judge findings are supported by the record and, accordingly, those claims are dismissed. See Tex. Code crim. Proc. Art 11.07,

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