Butler, James Earl

• Court: Court of Criminal Appeals of Texas
• Decided: March 27, 2013
• Docket: WR-66,723-08
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-66,723-08 EX PARTE JAMES EARL BUTLER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 114-1891-03-F IN THE 7TH DISTRICT COURT

FROM SMITH 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 aggravated assault and was sentenced to ten years' imprisonment.

Applicant raises claims that challenge the merits of his conviction and a claim alleging that the trial court erred when it entered a nunc pro tunc judgment. This Court has reviewed the writ record and holds that Applicant's claims challenging his conviction are barred from consideration. See Tex. Code Crim. Proc. art. 11.07 § 4. These claims are therefore dismissed as an abuse of the writ. Applicant's claim regarding the trial court's nunc pro tunc order is not properly before this Court and is also dismissed. See Blanton v. State, 369 S.W.3d 894, 904-5 (Tex.Crim.App. 2012).

Filed: March 27, 2013

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