Butler, Kenneth Wayne

• Court: Court of Criminal Appeals of Texas
• Decided: November 19, 2008
• Docket: WR-41,072-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-41,072-02 EX PARTE KENNETH WAYNE BUTLER, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER 0976409 IN THE 228^TH JUDICIAL DISTRICT COURT

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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated robbery and sentenced to forty-five years' imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Butler v. State, No. 14-06-00318-CR (Tex. App.-Houston [14^th Dist.], December 6, 2007, pet. ref'd).

Based on the trial court's findings of fact as well as this Court's independent review of the entire record, we find that Applicant's claims that challenge his conviction are without merit. Therefore, we deny relief.

Applicant's claim for pre-sentence jail time credit is dismissed pursuant to Ex Parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App. 2004). Ex parte Deeringer, 210 S.W.3d 616, 618 (Tex. Crim. App. 2006).

DELIVERED: November 19, 2008

DO NOT PUBLISH