Isenberger, Chad Andrew

• Court: Court of Criminal Appeals of Texas
• Decided: March 7, 2012
• Docket: WR-73,800-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-73,800-02

EX PARTE CHAD ANDREW ISENBERGER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 50,846-B IN THE 412^TH JUDICIAL DISTRICT COURT

FROM BRAZORIA 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault of a child and sentenced to forty years' imprisonment. The First Court of Appeals affirmed his conviction. Isenberger v. State, No. 01-07-00417-CR (Tex. App. - Houston [1^st Dist.] December 11, 2008, pet. ref'd).

In this application, Applicant alleges that he received ineffective assistance of counsel both at trial and on direct appeal. Applicant was represented by the same attorney in both proceedings. On December 12, 2011, the trial court signed an order designating issues, ordering counsel to file an affidavit responding to Applicant's claims of ineffective assistance of trial counsel, but not his claims regarding counsel's performance on appeal. After receiving counsel's affidavit, the trial court made findings of fact and conclusions of law recommending 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 claim that he received ineffective assistance of counsel on direct appeal. 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: March 7, 2012

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