IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. W00-54457-S(B) IN THE 282ND DISTRICT COURT
FROM DALLAS COUNTY
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 pleaded guilty to of delivery of a controlled substance and was sentenced by a jury to life imprisonment. The Fifth Court of Appeals affirmed his conviction. Smith v. State, No. 05-02-00747-CR (Tex. App. - Dallas, February 11, 2004, pet re'd).
Applicant initially filed this application in the district court on June 4, 2008. On July 2, 2008, and November 3, 2009, Applicant filed amendments to the application raising additional grounds for review. In the initial application, Applicant alleges that his sentence is excessive and disproportionate. In the first amended application, Applicant alleges that he is actually innocent of the offense, although he presents no newly discovered evidence to support this claim. In the second amended application, Applicant raises four grounds alleging that he was improperly denied release to parole.
On April 6, 2012, the trial court entered findings of fact and conclusions of law, addressing the grounds raised in the initial and first amended applications. The trial court concludes that the grounds are barred from review under Article 11.07, Section 4 of the Texas Code of Criminal Procedure. Those grounds are therefore dismissed. The trial court's findings and conclusions do not address the parole claims raised in Applicant's second amended application. This Court has reviewed the grounds raised in Applicant's second amended application relating to the denial of parole, and has determined that they are without merit. Those grounds are therefore denied.
DELIVERED: May 9, 2012
DO NOT PUBLISH