Jones, Jimmy Ed

• Court: Court of Criminal Appeals of Texas
• Decided: February 16, 2011
• Docket: WR-75,201-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-75,201-01

EX PARTE JIMMY ED JONES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 05-CRF-020 IN THE 105^TH DISTRICT COURT FROM KENEDY 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 two counts of intoxication manslaughter and two counts of driving while intoxicated with a child passenger. He was sentenced to fifteen years' imprisonment and ten years' imprisonment for the intoxication manslaughter charges. The ten-year sentence was suspended and the applicant was placed on community supervision. He also was sentenced to two years' imprisonment for each driving while intoxicated conviction. The Thirteenth Court of Appeals affirmed his convictions. Jones v. State, No. 13-05-774-CR (Tex. App.-Corpus Christi Jul. 5, 2007) (unpublished).

Applicant alleged six grounds for relief including ineffective assistance of trial and appellate counsel. The trial court signed findings of fact and conclusions of law recommending that relief be denied. We agree with the trial court's findings and deny relief. Any grounds attacking applicant's conviction and probated sentence for intoxication manslaughter are dismissed without prejudice. Ex parte Hiracheta, 307 S.W.3d 323, 325 (Tex. Crim. App. 2010). Applicant discharged his state jail felony sentences several years ago and does not allege that he is restrained by those convictions. Therefore, grounds attacking his discharged sentences are also dismissed.

Filed: February 16, 2011

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