Collins, John Wesley

Court of Criminal Appeals of Texas

Collins, John Wesley

DecidedJune 24, 2009

DocketWR-71,233-02

StatusPublished

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Collins, John Wesley, (Tex. 2009).

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,233-02 EX PARTE JOHN WESLEY COLLINS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F-2007-0048-D IN THE 362ND 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 pleaded guilty and was convicted of possession of a controlled substance with intent to deliver. After a punishment hearing, the trial court sentenced him to thirty-five years' imprisonment. The Second Court of Appeals affirmed his conviction. Collins v. State, No. 02-07-171-CR, 2008 Tex. App. LEXIS 460 (Tex. App.-Fort Worth, Jan. 17, 2008).

Applicant contends that his trial counsel rendered ineffective assistance because he did not object to testimony about unadjudicated offenses at the punishment hearing.

The trial court filed findings of fact and conclusions of law recommending that we deny relief. We adopt the trial court's findings and conclusions, except for conclusion of law number five. Based upon the trial court's findings of fact as well as this Court's independent review of the entire record, we deny relief.

Delivered: June 24, 2009

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,233-02 EX PARTE JOHN WESLEY COLLINS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F-2007-0048-D IN THE 362ND 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 pleaded guilty and was convicted of possession of a controlled substance with intent to deliver. After a punishment hearing, the trial court sentenced him to thirty-five years' imprisonment. The Second Court of Appeals affirmed his conviction. Collins v. State, No. 02-07-171-CR, 2008 Tex. App. LEXIS 460 (Tex. App.-Fort Worth, Jan. 17, 2008).

Applicant contends that his trial counsel rendered ineffective assistance because he did not object to testimony about unadjudicated offenses at the punishment hearing.

The trial court filed findings of fact and conclusions of law recommending that we deny relief. We adopt the trial court's findings and conclusions, except for conclusion of law number five. Based upon the trial court's findings of fact as well as this Court's independent review of the entire record, we deny relief.

Delivered: June 24, 2009

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