DeMidio, Brien James

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-74,003-03

EX PARTE BRIEN JAMES DEMIDIO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 6650 IN THE 8^TH DISTRICT COURT

FROM DELTA 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 aggravated assault and sentenced to ten years' imprisonment.

Applicant raises eight grounds challenging the conviction. Addressing his burden under Section 4 of Article 11.07 of the Code of Criminal Procedure, Applicant contends that he is actually innocent, based on an allegedly newly-discovered affidavit from the complainant. The trial court did not enter findings of fact or conclusions of law and the State did not respond. After a thorough review of the habeas record, relief is denied on Applicant's actual innocence claim. His remaining claims are dismissed under Section 4 of Article 11.07 of the Code of Criminal Procedure.

Filed: August 22, 2012

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