Carrico, Gary Dwayne

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-72,636-02

EX PARTE GARY DWAYNE CARRICO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. CR20129-A

IN THE 253^RD DISTRICT COURT FROM LIBERTY 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 escape and sentenced to twenty-five years' imprisonment.

On September 23, 2009, this Court remanded this application to the trial court for findings of fact and conclusions of law. On January 12, 2010, the trial court signed findings of fact and conclusions of law that were based on the affidavit from the parole division of the Texas Department of Criminal Justice (TDCJ). The trial court recommended that relief be granted to the extent that TDCJ should reconsider Applicant's motion to reopen his parole revocation hearing. Applicant's parole was revoked and he is therefore not illegally incarcerated on this offense. His claim regarding the motion to reopen his parole hearing is not a proper claim on habeas. Ex Parte Sadberry, 864 S.W.2d 541 (Tex. Crim. App. 1993).

Based on this Court's independent review of the entire record, we deny relief.

Filed: February 24, 2010

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