Carson, Vernell

• Court: Court of Criminal Appeals of Texas
• Decided: April 6, 2011
• Docket: WR-15,742-05
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-15,742-05

EX PARTE VERNELL CARSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 85-CR-2204 IN THE 186TH DISTRICT COURT

FROM BEXAR 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 sexual assault and sentenced to thirty-five years' imprisonment.

On March 10, 2011, the trial court made findings of fact, concluded that Applicant's claims are without merit, and recommended that we dismiss them. We agree that Applicant's claims are without merit, but they should be denied rather dismissed. We also decline to adopt the trial court's conclusion that Section 508.149(d) of the Government Code precludes the trial court from reviewing the merits of a challenge to the Parole Division's final decision to revoke Applicant's parole. Section 508.149(d) precludes, among other things, a court from reviewing a parole panel's decision not to release an inmate to mandatory supervision under Section 508.149(b). With these words, we deny relief.

Filed: April 6, 2011

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