Junek, Dustin Michael

• Court: Court of Criminal Appeals of Texas
• Decided: October 28, 2009
• Docket: WR-72,381-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-72,381-02 EX PARTE DUSTIN MICHAEL JUNEK, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER 2003-CR-8876W IN THE 290^th JUDICIAL DISTRICT COURT

BEXAR COUNTY

Per Curiam.

O R D E R

This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of retaliation and his sentence was assessed at ten years' confinement. No direct appeal was taken.

The Applicant alleges that he was improperly denied release to both parole and discretionary mandatory supervision. The trial court has entered an order recommending that relief be dismissed because it does not have jurisdiction to consider these claims. However, both this Court and the trial court have the jurisdiction to consider these claims and, after a review of the record, we deny relief.

DELIVERED: October 28, 2009

DO NOT PUBLISH