Phillips, Joseph Leroy

• Court: Court of Criminal Appeals of Texas
• Decided: March 27, 2013
• Docket: WR-79,176-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-79,176-01 EX PARTE JOSEPH LEROY PHILLIPS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. CR-09-493 IN THE 22ND DISTRICT COURT

FROM HAYS 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 one count of possession of methamphetamine and one count of possession of heroin and sentenced to imprisonment for five years and fifteen months, respectively. He did not appeal his convictions.

Applicant contends that he is being illegally held on a parole violator warrant and wants a revocation hearing to be held. Applicant's fifteen-month sentence has discharged, and he fails to raise collateral consequences. Tex. Code Crim. Proc. art. 11.07, § 3(c). Accordingly, his claim, as it relates to his possession of heroin conviction, is dismissed. His fifteen-year sentence has not discharged, but we find that his claim is without merit. Tex. Gov't Code § 508.282(a)(1)(A). This application is dismissed in part and denied in part.

Filed: March 27, 2013

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