Franco, Javier Rivera

• Court: Court of Criminal Appeals of Texas
• Decided: August 24, 2011
• Docket: WR-72,017-04
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-72,017-04 EX PARTE JAVIER RIVERA FRANCO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F-0545713-T IN THE 283RD DISTRICT COURT

FROM DALLAS 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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of attempted capital murder and sentenced to seventy-five years' imprisonment. The Eighth Court of Appeals affirmed his conviction. Franco v. State, No. 08-06-00280-CR (Tex. App.-El Paso Aug. 2, 2007, pet. ref'd).

Applicant contends, among other things, that trial counsel rendered ineffective assistance because he failed to investigate State's Exhibits 7 and 27 and to discover that the driver's side window of Applicant's car was not rolled down, as the State argued at trial. He also contends that counsel should have objected and requested a mistrial after Officer David Waters testified that the window was rolled down.

On June 9, 2010, we remanded this application and directed the trial court to make findings of fact and conclusions of law. On remand, after making findings and conclusions, the trial court recommended that we deny relief. We agree with the trial court's recommendation, but we decline to adopt findings six and twelve. With these words, we deny relief.

Filed: August 24, 2011

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