Martinez, Remigio Arciniega Iii

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-38,835-07 EX PARTE REMIGIO ARCINIEGA MARTINEZ, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER 2003-CR-5033-W1 IN THE

144^th JUDICIAL DISTRICT COURT

FROM 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 arson of a habitation and his sentence was assessed at thirty-five years' confinement. No direct appeal was taken.

After a review of the record, we find that Applicant's claim that his counsel rendered ineffective assistance is denied. Applicant's remaining claim regarding the failure to award pre-sentence jail time credit is dismissed pursuant to Ex parte Ybarra, 149 S.W.3d 147 (Tex.Crim. App. 2004).

DELIVERED: September 12, 2007

DO NOT PUBLISH