Lollis, Nathaniel D.

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,462-01

EX PARTE NATHANIEL D. LOLLIS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 21,530 IN THE 71,462-01 DISTRICT COURT

FROM FANNIN 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 injury to a child causing serious bodily injury and sentenced to ninety-nine years' imprisonment. The Sixth Court of Appeals affirmed his conviction. Lollis v. State, 323 S.W.3d 803 (Tex. App.-Texarkana 2007, pet. ref'd).

Applicant alleges, inter alia, that counsel was ineffective for failing to discover that an expert witness's certification as a sexual assault nurse examiner had lapsed. Pursuant to this Court's remand order, the trial court held a live hearing. After the hearing, the court reduced its findings of fact and conclusions of law to writing, recommending that relief be denied. This Court has undertaken an independent review of all the evidence in the record. We agree that relief should be denied. However, we decline to adopt conclusions numbers two, three, and five. Based upon the trial court's remaining findings of fact and conclusions of law, as well as our independent review of the record, we deny relief on all Applicant's claims.

Filed: February 3, 2010

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