CAUSE NUMBER 20,221-A IN THE 258^TH DISTRICT COURT

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq. Applicant was convicted of the felony offense of theft and punishment was assessed at two years' confinement in state jail. No direct appeal was taken.

The Court received this writ application on February 3, 2010. On February 17, 2010, this Court dismissed it because the Texas Department of Criminal Justice's website indicated that Applicant's sentence had discharged. This Court has now determined that this sentence has not discharged. After reconsideration on its own motion, the Court finds that the application should have been denied on the merits. Accordingly, the Court withdraws its prior order dismissing this application and enters an order denying this application.

Applicant's writ application is denied.

DO NOT PUBLISH

DELIVERED: April 28, 2010