IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-80,831-02
EX PARTE CHRISTOPHER MICHAEL FULLER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 10-743-K368B IN THE 368TH DISTRICT COURT
FROM WILLIAMSON COUNTY
Per curiam.
ORDER
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 was convicted of five counts of
sexual assault of a child and sentenced to imprisonment for ten years on each count. He was also
convicted of sexual performance by a child and placed on probation for ten years. The Third Court
of Appeals dismissed his appeal. Fuller v. State, No. 03-12-00045-CR (Tex. App.—Austin,
delivered July 11, 2012, no pet.).
Applicant contends that his sentence is illegal and his plea of guilty was involuntary. As it
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pertains to the sexual assault of a child counts, we conclude that Applicant’s claims are subject to
dismissal pursuant to Article 11.07, § 4 of the Code of Criminal Procedure. As it pertains to the
sexual performance of a child count, because Applicant was placed on probation, this is not a final
felony conviction, and his claims are dismissed on that basis. See Ex parte Renier, 734 S.W.2d 349
(Tex. Crim. App. 1987).
Filed: October 8, 2014
Do not publish
Fuller, Christopher Michael
Combined Opinion