Bunton, Charles

• Court: Court of Criminal Appeals of Texas
• Decided: June 16, 2010
• Docket: WR-60,852-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-60,852-01, -02 & -03 EX PARTE CHARLES BUNTON, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 9024242 IN THE 299TH 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 evading arrest with a vehicle and sentenced to thirty years' imprisonment. The Third Court of Appeals affirmed his conviction. Bunton v. State, No. 03-03-00017-CR (Tex. App.-Austin 2004, pet. ref'd).

On January 26, 2005, we denied the -01 application without written order and on March 24, 2010, we dismissed the -02 application without written order. We now withdraw these dispositions on our own motion. When the -01 application was filed in the trial court, Applicant's conviction was not final. We do not have jurisdiction under Article 11.07 of the Code of Criminal Procedure unless a felony conviction is final. Tex. Code Crim. Proc. art. 11.07, § 3(a). Accordingly, the -01 application is dismissed. When the -02 application was filed in the trial court, Applicant's conviction was final. Based on our own independent review of the record, we conclude that the claims in this application are without merit. Accordingly, the -02 application is denied. Finally, the -03 application is dismissed. Tex. Code Crim. Proc. art. 11.07, § 4.

Filed: June 16, 2010

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