George, Brian Leroy

• Court: Court of Criminal Appeals of Texas
• Decided: May 2, 2012
• Docket: WR-77,307-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-77,307-01 EX PARTE BRIAN LEROY GEORGE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F41845 IN THE 413TH DISTRICT COURT

FROM JOHNSON 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 possession of cocaine with the intent to deliver, possession of methamphetamine, and possession of marihuana. He was sentenced to imprisonment for fifty, twenty, and two years, respectively. The Tenth Court of Appeals affirmed his convictions. George v. State, No. 10-08-00191-CR (Tex. App.-Waco March 31, 2010, pet. ref'd).

Applicant contends that trial counsel rendered ineffective assistance. Applicant's sentence for his possession of marihuana conviction has discharged. We do not have jurisdiction under Article 11.07 if an applicant's sentence has discharged and he is not suffering collateral consequences. Tex. Code Crim. Proc. art. 11.07, § 3(c); Ex parte Harrington, 310 S.W.3d 452, 457 (Tex. Crim. App. 2010). Applicant does not allege that he is suffering collateral consequences. Accordingly, Applicant's claims, to the extent that they challenge his possession of marihuana conviction, are dismissed. His claims challenging his other convictions are properly before this Court. Based on our own independent review of the record, we conclude that they are without merit and are denied. This application is dismissed in part and denied in part.

Filed: May 2, 2012

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