Niswanger, Evan Joseph

• Court: Court of Criminal Appeals of Texas
• Decided: May 23, 2007
• Docket: WR-66,492-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-66,492-02 EX PARTE EVAN JOSEPH NISWANGER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 04-115-CR-B IN THE 87^TH JUDICIAL DISTRICT COURT

FROM FREESTONE 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 guilty to attempting to take a weapon from a peace officer, and originally received deferred adjudication probation. Applicant was later arrested on a new charge of possession of a controlled substance, and his guilt in this cause was adjudicated. After adjudication, he was sentenced to eighteen months' state jail imprisonment, running concurrently with his sentence for the new charge.

In his present application, filed under the cause number for the attempting to take a weapon from a peace officer offense, Applicant alleges that he is entitled to pre-sentencing jail time credit against his sentence for possession of a controlled substance. Because he has filed his application on the wrong cause number, the application must be dismissed. This dismissal will not prevent Applicant from re-filing his claim under the correct cause number, or seeking relief by way of a motion for judgment nunc pro tunc in the trial court. Ex parte Ybarra, 149 S.W.3d 147, 148-149 (Tex. Crim. App. 2004).

Filed: May 23, 2007

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