Rutherford, Aaron John

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-66,673-01 EX PARTE AARON JOHN RUTHERFORD, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 25975-A IN THE 3^RD JUDICIAL DISTRICT COURT

FROM ANDERSON 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 burglary of a habitation and sentenced to ten years' imprisonment. He did not appeal his conviction.

Applicant contends that he is being denied pre-sentence time credits; that trial counsel was ineffective; that the trial judge engaged in misconduct; and that a pre-sentence investigation report was not prepared before sentencing. Applicant's time credit claim is dismissed. Ex parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App. 2004). Applicant's remaining claims challenging the conviction are denied. Accordingly, Applicant's claims are dismissed in part and denied in part.

Filed: January 31, 2007

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