Boult, Elvin Charles

• Court: Court of Criminal Appeals of Texas
• Decided: August 24, 2011
• Docket: WR-76,182-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-76,182-01 EX PARTE ELVIN CHARLES BOULT, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1090798 IN THE 232ND DISTRICT COURT

FROM HARRIS COUNTY

Per curiam. Alcala, J., not participating.

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 was convicted of aggravated sexual assault and sentenced to thirty years' imprisonment. The First Court of Appeals affirmed his conviction. Boult v. Texas, No. 01-09-00086-CR (Tex. App.-Houston [1st Dist.] June 10, 2010, pet. ref'd).

Applicant raises twelve grounds for relief. The trial court made findings of fact and conclusions of law and recommended that we deny relief. The trial court concluded, among other things, that Applicant's claims do not implicate a fundamental or constitutional right and that jury charge claims must be raised on direct appeal. We do not agree with these conclusions, but we agree that Applicant is not entitled to relief. Accordingly, relief is denied.

Filed: August 24, 2011

Do not publish