Gutierrez, Jesus Perez

• Court: Court of Criminal Appeals of Texas
• Decided: May 12, 2010
• Docket: WR-67,259-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-67,259-03

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EX PARTE JESUS PEREZ GUTIERREZ, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. FR53450 IN THE 27^TH JUDICIAL DISTRICT COURT

FROM BELL 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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault and sentenced to forty years’ imprisonment.

            On April 12, 2010, the trial court signed findings of fact and conclusions of law. The trial court recommended that relief be denied. Finding of fact number six states that this Court dismissed Applicant’s second habeas application regarding this conviction because it was filed while his direct appeal was still pending. That finding is erroneous. This Court dismissed Applicant’s second habeas application because it was non-compliant with Tex. R. App. P. 73.1. This Court does not adopt trial court finding number six.

            Based on the trial court’s other findings of fact as well as this Court’s independent review of the entire record, we deny relief.

Filed: May 12, 2010

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