Johnson, Marcus Leon

• Court: Court of Criminal Appeals of Texas
• Decided: March 19, 2014
• Docket: WR-81,016-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-81,016-01

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EX PARTE MARCUS LEON JOHNSON, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 08-050123A

IN THE 434^TH DISTRICT COURT FROM FORT BEND COUNTY

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           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 a controlled substance and was sentenced to two years’ imprisonment. Applicant’s sentence has discharged.

            On February 14, 2014, the trial court signed findings of fact and conclusions of law recommending that this Court grant relief based on our recent opinion, Ex parte Coty, WR-79,318-02 (Tex. Crim. App. Jan. 15, 2014)(published). The State did not oppose granting relief in this case. However Applicant did not address the fact that his sentence has discharged. He did not allege any collateral consequences from this conviction. In order to be eligible for review under Texas Code of Criminal Procedure Art. 11.07, an applicant must be confined. “Confinement means confinement for any offense or any collateral consequence resulting from the conviction that is the basis of the instant habeas corpus.” Ex parte Harrington, 310 S.W.3d 452 (Tex. Crim. App. 2010). Applicant makes no allegation that he is confined by this conviction.

            This application is therefore dismissed.

Filed: March 19, 2014

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