Martinez, Robert v. Jr.

• Court: Court of Criminal Appeals of Texas
• Decided: April 28, 2010
• Docket: WR-33,162-11
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-33,162-11

EX PARTE ROBERT V. MARTINEZ, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2002CR7012 IN THE 186^TH JUDICIAL DISTRICT COURT

FROM BEXAR 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 pleaded nolo contendere to robbery and was sentenced to five years' imprisonment.

Applicant alleges that he is being improperly confined past his maximum discharge date, that his time credits are being improperly calculated, that he is receiving ineffective assistance of counsel from State Counsel for Offenders in time credit matters, and that his classification as ineligible for street time credits, mandatory supervision, and restoration of previously earned good time and work time credits is a violation of his constitutional rights. On, March 24, 2010, the trial court made findings of fact and conclusions of law. The trial court recommended that relief be denied in part and dismissed in part.

This Court has reviewed the record with respect to the allegations made by Applicant. We adopt the trial court's findings and conclusions of law, except for conclusion number 4, in which the trial court recommends dismissing Applicant's ineffective assistance of counsel claim. We agree with the trial court that Applicant's claim is without merit, but believe that the appropriate disposition is to deny, rather than dismiss the claim. Based upon the trial court's findings and conclusions and our own review, we deny relief.

Filed: April 28, 2010

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