Vazquez, Andrew AKA VASQUEZ, ANDREW

• Court: Court of Criminal Appeals of Texas
• Decided: September 21, 2011
• Docket: WR-67,229-07
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-67,229-07, -08 AND -09 EX PARTE ANDREW VAZQUEZ, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. W05-01291-H(B), W04-01250-H(B), AND W05-32253-H(B)

IN THE CRIMINAL DISTRICT COURT NO. 1 FROM DALLAS 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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession with intent to deliver methamphetamine, evading arrest, and assault on a public servant and was sentenced to terms of ten years' imprisonment on each charge. There were no direct appeals.

Applicant has presented claims attacking the merits of his convictions and sentences as well as time-credit claims. After an independent review of the record provided to this Court, we hold that Applicant is not entitled to relief. Regarding Applicant's claims attacking the merits of his convictions and sentences, Applicant does not meet the requirements of Article 11.07 §§ 4(a)-(c) of the Texas Code of Criminal Procedure, and these claims are dismissed as subsequent. Regarding Applicant's pre-sentence jail time credit claims, these claims are dismissed. See Ex parte Florence, 319 S.W.3d 695 (Tex. Crim. App. 2010); Ex parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App. 2004). Regarding Applicant's claim that Texas prison officials are not crediting time Applicant spent on parole against his sentence, this claim is denied. Accordingly, these applications for writ of habeas corpus are denied in part and dismissed in part.

Filed: September 21, 2011

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