Haarmann, Albert F.

• Court: Court of Criminal Appeals of Texas
• Decided: August 25, 2010
• Docket: WR-74,213-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-74,213-01

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EX PARTE ALBERT F. HAARMANN, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 8843-A IN THE 411^TH JUDICIAL DISTRICT COURT

FROM SAN JACINTO 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 was convicted of sexual assault and sentenced to twenty years’ imprisonment. The Thirteenth Court of Appeals affirmed his conviction. Haarmann v. State, No. 13-07-233-CR (Tex. App. - Corpus Christi, February 14, 2008).

            In this application, Applicant alleges that he received ineffective assistance from both trial and appellate counsel, and that the State committed prosecutorial misconduct. On June 25, 2010, the trial court made findings of fact and conclusions of law that were based on the application for writ of habeas corpus, the respondent’s answer, and the official court records. The trial court found that there were no controverted, previously unresolved facts material to the legality of Applicants’ confinement, and recommended that relief be denied.

            The trial court’s findings did not fully address all fact issues necessary to the resolution of the claims that were raised by Applicant, because the findings did not address Applicant’s ineffective assistance of appellate counsel claims. 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: August 25, 2010

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