Cisneros, Ricardo

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,244-01 EX PARTE RICARDO CISNEROS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F-2003-1719-B IN THE 158TH DISTRICT COURT

FROM DENTON COUNTY

Per curiam.

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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three counts of aggravated sexual assault of a child and sentenced to 25 years' imprisonment on two of the counts and 40 years' imprisonment on one of the counts. The Second Court of Appeals affirmed his convictions. See Cisneros v. State, No. 02-06-103-CR, (Tex. App.- Fort Worth, 2007, pet. ref'd) (not designated for publication).

Applicant contends that his guilty pleas were involuntary because counsel rendered ineffective assistance when he failed to file a motion for a speedy trial. He also contends that counsel rendered ineffective assistance at punishment.

On March 18, 2009, this Court remanded this application to Denton County so that Applicant's supplemental brief and supporting evidence, if timely filed, could be reviewed by the trial court. On April 9, 2009, the trial court forwarded its supplemental findings of fact and conclusions of law to this Court. The trial court recommends that relief be denied. We agree. We deny relief upon the basis of the trial court's findings of fact and conclusions of law.

On March 4, 2009, Applicant filed a supplemental 11.07 application in the convicting court raising four additional ineffective assistance of counsel claims. Based on our independent review of the reporter's record from the punishment hearing, we find that Applicant's supplemental claims have no merit, and deny relief.

Filed: May 13, 2009

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