EX PARTE BRANDONLYN MILLER (other)

OF TEXAS

NO. WR-74,205-01

EX PARTE BRANDONLYN MILLER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2008CR11881 IN THE 186TH 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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to the offense of arson and was sentenced to eight years confinement.

Applicant contends in ground one that TDCJ is improperly classifying his controlling offense. In his second and third ground, Applicant alleges that he was denied pre-sentence jail time credit. The trial court recommended that we deny in part and dismiss in part.

Based on this Court s independent review of the record, Applicant s claim attacking the classification of his offense is without merit and is denied. His ground for relief alleging the denial of pre-sentence jail time credit is dismissed. Ex parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App. 2004). Accordingly, the application is denied in part and dismissed in part.

Filed: August 25, 2010

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