EX PARTE WILLIAM C. TUTT (other)

OF TEXAS

NO. WR-28,862-04

EX PARTE WILLIAM C. TUTT, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1992CR3211C-W1 IN THE 28,862-04 DISTRICT COURT

FROM BEXAR 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 transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to aggravated robbery with a deadly weapon, and was sentenced to seventeen years imprisonment.

On October 26, 2009, the trial court made findings of fact and conclusions of law, recommending that relief be denied. However, the trial court s findings contain an inconsistency, in that the trial court finds both that Applicant was released to mandatory supervision, and that he is ineligible for mandatory supervision. This Court has reviewed the record with respect to the allegations made by Applicant. We adopt the trial court's findings and conclusions of law, except for finding of fact #2. Based upon the trial court's findings and conclusions and our own review, we deny relief.

Filed: November 25, 2009

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