Cunningham, Duane Kirk

• Court: Court of Criminal Appeals of Texas
• Decided: March 1, 2017
• Docket: WR-28,421-05
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-28,421-05

EX PARTE DUANE KIRK CUNNINGHAM, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 15-22936-A IN THE 252ND DISTRICT COURT FROM JEFFERSON COUNTY

Per curiam.

ORDER

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 burglary of a

building and sentenced to confinement in state jail for two years. He did not appeal his conviction.

Applicant’s claim concerning pre-sentence jail time credit is dismissed. Ex parte Florence,

319 S.W.3d 695 (Tex. Crim. App. 2010); Ex parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App.

2004). Based on the trial court’s findings of fact as well as this Court’s independent review of the

entire record, we deny relief on Applicant’s ineffective assistance of counsel claim.

Filed: March 1, 2017 Do not publish