Morales, Rodolfo Campos

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,698-01

EX PARTE RODOLFO CAMPOS MORALES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. CR-0762-97-F IN THE 332ND DISTRICT COURT

FROM HIDALGO 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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated robbery and possession of marihuana and sentenced to imprisonment for sixty and five years, respectively.

Applicant contends that his offenses were improperly joined in a single indictment, that the trial court failed to instruct the jury on the lesser included offense of robbery, that the police did not have a warrant or consent to search his house, and that one of his charged offenses, engaging in organized criminal activity, should be barred by limitations. The trial court entered findings of fact and conclusions of law and recommended that this Court deny relief. We agree that Applicant's claims involving his aggravated robbery conviction are without merit and should be denied. Because Applicant's sentence for his possession of marihuana conviction has discharged and because he fails to raise collateral consequences, we dismiss his claims involving this conviction. Accordingly, we deny in part and dismiss in part.

Filed: March 25, 2009

Do not publish