Crain, Bobby Joe

• Court: Court of Criminal Appeals of Texas
• Decided: October 7, 2009
• Docket: WR-45,978-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-45,978-02

EX PARTE BOBBY JOE CRAIN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 96-06-8526 IN THE 155TH DISTRICT COURT

FROM WALLER 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 theft and sentenced to twenty years' imprisonment.

Applicant contends that after his parole was revoked in 2008, he was not given a "written statement by the factfinders as to the evidence relied on and reasons for revoking parole." Morrissey v. Brewer, 408 U.S. 471, 489 (1972). In a supplemental application, he contends that he was illegally resentenced and denied counsel when resentenced. Applicant's first claim is denied. His second and third claims are dismissed. Tex. Code Crim. Proc. art. 11.07, § 4. Accordingly, this application is denied in part and dismissed in part.

Filed: October 7, 2009

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