EX PARTE ROBERT EUGENE FERRI, Applicant (Other)

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

NO. WR-45,962-03
EX PARTE ROBERT EUGENE FERRI, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. 645522 IN THE 338TH JUDICIAL DISTRICT COURT

FROM HARRIS 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 was convicted of burglary of a building enhanced by one prior felony conviction and was sentenced to a term of sixteen years' imprisonment. There was no direct appeal.

Applicant has presented a claim attacking the merits of his conviction and sentence as well as a time-credit claim. After an independent review of the record provided to this Court, we hold that Applicant has not shown entitlement to relief. Regarding Applicant's claim attacking the merits of his conviction and sentence, i.e., that his sentence is illegal, the claim is without merit and relief is denied. Regarding Applicant's time-credit claim, at the time of filing of Applicant's writ application, it remained unexhausted and is therefore dismissed. See Tex. Gov't Code § 501.0081(b)-(c). Accordingly, this application for a writ of habeas corpus is denied in part and dismissed in part.

Delivered: November 2, 2011

 

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