EX PARTE JAMES EARL ROLLING JR v. <<

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Court of Criminal Appeals of Texas.

EX PARTE JAMES EARL ROLLING JR. , Applicant

NO. WR-64,707-14

Decided: January 10, 2018

ALCALA, J., filed a dissenting opinion in which RICHARDSON and WALKER, JJ., joined.

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 attempting to take a weapon from an officer and sentenced to thirty years' imprisonment.

Applicant raises three issues related to time credits and TDCJ's application of those credits to his sentences. Applicant does not establish that these claims were not available at the time he filed his prior writ application challenging this conviction. TEX. CODE CRIM. PROC. art. 11.07 § 4(a)(1). On review of the writ application, the habeas court discovered that Applicant was sentenced outside of the punishment range in this case. Because this claim was available when Applicant filed his first writ application, this Court may not consider its merits or grant relief on this issue. Id. Accordingly, this 11.07 application is dismissed as subsequent. TEX. CODE CRIM. PROC. art. 11.07 § 4.

Per curiam.

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