Gay, Dennis

• Court: Court of Criminal Appeals of Texas
• Decided: September 23, 2009
• Docket: WR-72,455-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-72,455-01 EX PARTE DENNIS GAY, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER 2003CR5988 IN THE 379^TH

JUDICIAL DISTRICT COURT OF 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of one count of aggravated robbery with a deadly weapon and one count of aggravated assault with a deadly weapon. He was sentenced to six years' imprisonment for the aggravated assault and eight years' imprisonment, suspended for ten years, for the aggravated robbery.

Applicant contends that his convictions for aggravated robbery and aggravated assault against the same complainant during the same transaction constitute double jeopardy.

The trial court has signed findings of fact and conclusions of law recommending granting relief. However, Applicant's sentence for the aggravated assault was completely discharged on August 4, 2009, and he fails to allege collateral consequences from that conviction. Applicant's sentence for the aggravated robbery has not been revoked, therefore that conviction is not final for the purposes of an 11.07 writ of habeas corpus. Tex. Code Crim. Proc. Art. 11.07, §§ 1, 3(a)-(b). Applicant must file a writ application under the provisions of Texas Code of Criminal Procedure 11.072 to challenge a probated sentence.

This application is dismissed.

DELIVERED: September 23, 2009

DO NOT PUBLISH