White, Thomas Ray ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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WR-65,566-01

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Ex parte THOMAS RAY WHITE, Applicant

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On Applications for Writ of Habeas Corpus from Dallas County

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Statement of Womack, J., respecting the dismissal of petition for writ of habeas corpus.

The applicant alleges that he was placed on deferred-adjudication community supervision by a district court in Dallas County, and the indictment against him was dismissed after he completed the period of supervision. He seeks habeas corpus relief from the collateral effect of such a community supervision, which he claims is being used to restrain him in a federal case.

He has petitioned this court for a writ of habeas corpus under sections 1, 3, 4, 5, 6 and 7 of Article 11.07 of the Code of Criminal Procedure. Those sections establish the habeas-corpus procedures "[a]fter final conviction" in a felony case (other than one in which the death penalty was imposed). Id., section 3. Because the applicant does not seek relief from a final conviction, the petition to this court is not the proper procedure for his case. I agree with the decision of the Court to dismiss the petition.

But that decision does not prevent the applicant from petitioning a district court in Dallas County for a writ of habeas corpus under some other law, such as section 2 of Article 11.07, or Article 11.072, or Article 11.08.

I do not wish to imply that I or any member of the Court has an opinion as to which, if any, of those procedures should be used, or as to whether his claim for relief has merit.

Filed September 13, 2006.

Do Not Publish.