Grant, Dexter

• Court: Court of Criminal Appeals of Texas
• Decided: September 19, 2012
• Docket: WR-78,079-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-78,079-01 EX PARTE DEXTER GRANT, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W09-55628-J IN THE CRIMINAL DISTRICT COURT #3

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 pleaded guilty to theft enhanced by two prior sequential felony convictions, and was originally placed on seven years' deferred adjudication community supervision. He was later adjudicated guilty and sentenced to twenty-five years' imprisonment.

In this habeas application, Applicant alleges that he received ineffective assistance from counsel at adjudication, and that he was denied due process because the trial court pre-determined punishment. On August 15, 2012, the trial court made findings of fact and conclusions of law addressing Applicant's ineffective assistance of counsel claim only. The trial court recommended both that relief be denied and that the application be dismissed.

The trial court's findings did not fully address all fact issues necessary to the resolution of the claims that Applicant raised. Nonetheless, this Court has undertaken an independent review of all the evidence in the record. Therefore, based on the trial court's findings of fact and conclusions of law as well as this Court's independent review of the entire record, we deny relief.

Filed: September 19, 2012

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