IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
ON APPLICATION FOR WRIT OF HABEAS CORPUS
FROM MONTGOMERY COUNTY
IN CAUSE NO. 94-12-01430-CR
IN THE 221ST DISTRICT COURT
O R D E R
This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of the offense of burglary of a habitation and sentenced to confinement for ten years. No direct appeal was taken.
Applicant contends that he is being denied release to mandatory supervision and that trial counsel was ineffective. In its findings of fact, the trial court recommended denying relief on Applicant's ineffective assistance of counsel claim, but granting relief on his denial of mandatory supervision claim. We agree that Applicant's ineffective assistance of counsel claim is without merit and should be denied. However, we believe that Applicant's other claim is moot. According to records from TDCJ-Parole Division, Applicant was released to mandatory supervision on November 8, 2005.
Applicant's ineffective assistance of counsel claim is denied. His denial of mandatory supervision claim is dismissed as moot.
IT IS SO ORDERED THIS THE 12th DAY OF APRIL , 2006.
DO NOT PUBLISH