Burns, Dale Thomas

• Court: Court of Criminal Appeals of Texas
• Decided: June 27, 2018
• Docket: WR-87,326-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-87,326-01

EX PARTE DALE THOMAS BURNS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 4280-A IN THE 46TH DISTRICT COURT FROM HARDEMAN 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 unlawful

possession of metal or body armor and sentenced to thirty-three years’ imprisonment. The Amarillo

Court of Appeals affirmed the conviction. Burns v. State, No. 07-15-00229-CR (Tex.

App.—Amarillo Apr. 1, 2016) (not designated for publication).

This Court received this 11.07 application on August 21, 2017 and dismissed the writ

application for non-compliance with the Rules of Appellate Procedure on September 6, 2017. TEX .

R. APP . P. 73.1(d). The Court has since received Applicant’s “Motion to Have Court Correct Clerical 2

Error.” It is evident that the Court dismissed Applicant’s 11.07 writ application in error. We now

withdraw our order of September 6, 2017, and reconsider the case on our own motion. TEX . R. APP .

P. 79.2(d).

The trial court’s findings address three of the four grounds Applicant raises. This Court has

undertaken an independent review of all the evidence in the record. Therefore, based on the trial

court’s findings of fact and conclusions of law as well as this Court’s independent review of the

entire record, we deny relief.

Filed: June 27, 2018 Do not publish