Anacleto, Ausencio Perez

• Court: Court of Criminal Appeals of Texas
• Decided: September 26, 2012
• Docket: WR-77,675-04
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-77,675-04, -05 & -06 EX PARTE AUSENCIO PEREZ ANACLETO, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. D-1-DC-09-201063, D-1-DC-10-904033 & D-1-DC-10-904034

IN THE 390TH 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 transmitted to this Court these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of driving while intoxicated and sentenced to imprisonment for fifteen and ten years. He was also convicted of one count of aggravated assault and sentenced to imprisonment for fifteen years. He did not appeal his convictions.

Applicant contends, among other things, that in cause number D-1-DC-09-201063, the conviction being challenged in the -04 application, he was sentenced to fifteen years' imprisonment for a third degree felony. After finding that the judgment in this cause contained a clerical mistake, the trial court entered a judgment nunc pro tunc and sent a copy of this judgment to the Texas Department of Criminal Justice--Correctional Institutions Division. Applicant's claim has been rendered moot and is dismissed. Based on this Court's independent review of the record, Applicant's other claims in the -04 application are without merit and are denied. The -04 application is, accordingly, dismissed in part and denied in part.

This Court has also independently reviewed Applicant's claims in the -05 and -06 applications. These claims are without merit, and these applications are, accordingly, denied.

Filed: September 26, 2012

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