Johnson, Carl William

• Court: Court of Criminal Appeals of Texas
• Decided: February 14, 2007
• Docket: WR-13,470-14
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 13,470-14 EX PARTE CARL WILLIAM JOHNSON, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. 345166-J IN THE 184TH DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O R D E R

This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated rape and sentenced to sixty years imprisonment. Applicant's conviction was affirmed by the First Court of Appeals in an unpublished opinion. Johnson v. State, No. 01-82-0115-CR (Tex. App.--Houston [1st Dist.] Nov. 18, 1982, no pet.).

In the instant application, Applicant raises grounds for relief which are based on alleged errors relating to a Chapter 64 proceeding. Additionally, Applicant argues that he was denied due process because the State failed to preserve potentially useful evidence and raises a claim of actual innocence. Finally, Applicant alleges prosecutorial misconduct and Batson violations during his trial.

This Court has reviewed Applicant's claim that he was denied due process through the State's failure to preserve potentially useful evidence and has determined that it is without merit. Therefore, it is denied. Applicant is not confined pursuant to any errors in his Chapter 64 proceeding. Therefore, his claims relating to error in his Chapter 64 proceeding are not appropriate for habeas review. Ex parte Baker, 185 S.W.3d 894 (Tex. Crim. App. 2006). Applicant's remaining claims are barred from review; as such, they are dismissed. Tex. Code Crim. Proc. art. 11.07 § 4.

DO NOT PUBLISH

DELIVERED: February 14, 2007