Guajardo, Juan Carlos AKA Vallejo, Juan Rios

• Court: Court of Criminal Appeals of Texas
• Decided: May 25, 2016
• Docket: WR-85,026-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-85,026-01

EX PARTE JUAN CARLOS GUAJARDO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR-5528-15-C IN THE 139th DISTRICT COURT FROM HIDALGO 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 smuggling of

persons and sentenced to one hundred and eighty days’ imprisonment in state jail. He did not appeal

the conviction.

Applicant contends that his sentence in this case is illegal because he was sentenced below

the minimum punishment range allowed for a second-degree felony. The trial court recommends

that relief be granted. We disagree.

Applicant pled guilty and was sentenced on December 15, 2015, to one hundred eighty days 2

in state jail with seventy-two days pre-sentence jail time credit. Given the aforementioned facts, he

would only be required to serve one hundred and eight days in jail in order to complete the entirety

of his sentence. However, this application was filed with the district clerk on April 7, 2016, which

is beyond the one hundred and eight days required to discharge this sentence. We find that

Applicant’s sentence has discharged and he does not allege he is suffering any collateral

consequences as a result of this conviction. Therefore, this application is dismissed. Ex parte

Harrington, 310 S.W.3d 452 (Tex. Crim. App. 2010).

Filed: May 25, 2016 Do not publish