Lorentz, Kennith W. ( 2009 )

  IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-71,162-01

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EX PARTE KENNITH W. LORENTZ, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. CR-24878-A IN THE 217^TH DISTRICT COURT

FROM ANGELINA COUNTY

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   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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of sexual assault of a child and was sentenced to ten years' imprisonment on count I and ten years' probation on count II. The trial judge ordered that the probated sentence not begin to run until Applicant had successfully completed his parole on the conviction with a sentence of ten years' imprisonment. On direct appeal, the Twelfth Court of Appeals reformed the judgments to reflect that the probated sentence shall begin to run when the sentence with a term of imprisonment has ceased to operate and affirmed the judgments as reformed. See Lorentz v. State, No. 12-06-00037-CR, (Tex. App. -- Tyler, 2007, pet. dism'd) (not designated for publication).

In this application for a writ of habeas corpus, Applicant raises seventeen claims challenging the merits of these convictions. In so far as these claims pertain to the sexual assault conviction which carries a sentence of ten years' imprisonment, we find that the claims have no merit, and deny relief on the basis of the trial judge's findings. In so far as these claims pertain to the sexual assault conviction which carries a probated sentence, we find that there is no 11.07 jurisdiction as Applicant's probation has not been revoked and the conviction has not become a final felony conviction. See Tex. Code Crim. Proc. Art. 11.07, §§ 1, 3(a)-(b); Ex parte Renier, 734 S.W.2d 349 (Tex. Crim. App. 1987). Therefore, we dismiss.

Date Filed: March 11, 2009

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