Rangel, Fidel

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-76,806-01 EX PARTE FIDEL RANGEL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM BEXAR COUNTY

Johnson, J., filed a concurring statement joined by Price, J., and Alcala, J.

C O N C U R R I N G S T A T E M E N T

The Code of Criminal Procedure contains a number of articles that deal with applications for a writ of habeas corpus. Each article sets out a specific set of circumstances that govern an application pursuant to those circumstances, and an application must be filed under the section that applies to the circumstances of that application. In this case, applicant filed his application pursuant to Article 11.07, but that article deals with only final convictions. Because applicant successfully completed his probation, he must file his application pursuant to the appropriate article, Article 11.072.

Filed: December 14, 2011

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