Goode, Wes

• Court: Court of Criminal Appeals of Texas
• Decided: April 2, 2014
• Docket: WR-76,440-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-76,440-01

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EX PARTE WES GOODE, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 07-CR-4428-B

IN THE 117^TH DISTRICT COURT FROM NUECES COUNTY

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           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 not guilty and was convicted of intoxicated manslaughter and sentenced to twenty years’ imprisonment.

            After a remand, the trial court held a live hearing and made findings of fact and conclusions of law. The trial court recommended granting a new punishment hearing based on Applicant’s claim that counsel was ineffective for not objecting to introduction of evidence of his racist remarks made to an arresting officer in a prior offense. This Court has reviewed the record with respect to Applicant’s many allegations of ineffective assistance of counsel and prosecutorial misconduct. We conclude that Applicant’s prior statements were admissible punishment evidence. Accordingly, counsel’s failure to object was not error. After a review of the entire record, we deny relief on all claims.

Filed: April 2, 2014

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