Categories: Texas Court Opinions

EX PARTE SOPHUS, WR-38,283-09 (Tex.Cr.App. 9-12-2007)

EX PARTE CLYDE EUGENE SOPHUS, Applicant.

No. WR-38,283-09Court of Criminal Appeals of Texas.
Filed: September 12, 2007. DO NOT PUBLISH.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

On Application for A Writ of Habeas Corpus Cause No. 8555-W6 In The 278th District Court from Madison County.

ORDER
PER CURIAM.

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 pleaded guilty to possession of a weapon in a penal institution and was sentenced to four years’ imprisonment, to be served consecutively with a thirty-year conviction from a prior conviction.

In his present application, Applicant raises two grounds for review challenging his conviction, and a claim that he is being improper denied good time credits. This Court’s records reflect that Applicant has filed prior applications challenging this conviction, which have been denied by this Court or dismissed as subsequent applications. We hold that Applicant’s claims of ineffective assistance of trial counsel and abuse of discretion are barred from review under Article 11.07, § 4, and are dismissed. With respect to Applicant’s claim that he is being improperly denied good time credits, this Court has previously refused to consider matters such as loss of good time credit, disciplinary proceedings and inmate classification by way of a writ of habeas corpus. Ex parte Palomo, 759 S.W.2d 671, 674 (Tex.Crim.App. 1988), citing Ex parte Brager, 704 S.W.2d 46 (Tex.Crim.App. 1986). Therefore, this ground for review is denied.

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