Miller, David P.

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-63,251-02 EX PARTE DAVID P. MILLER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2003CR2467-W2 IN THE 175^TH DISTRICT COURT

FROM BEXAR 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 robbery and sentenced to eighteen years' imprisonment. The Fourth Court of Appeals affirmed his conviction. Miller v. State, No. 04-03-00647-CR (Tex. App.-San Antonio, December 29, 2004, pet. ref'd).

Applicant contends in his first ground that trial counsel was ineffective for not objecting to the search and seizure of applicant. In his second ground, applicant contends that habeas counsel was ineffective for not objecting to the trial court's recommendation after we remanded for an evidentiary hearing in writ number 63,251-01.

In the present application, the trial court recommended dismissing in part and denying in part. We agree. Accordingly, applicant's first ground is dismissed. Tex. Code Crim. Proc. art. 11.07 § 4. His second ground is denied. Ex parte Graves, 70 S.W.3d 103 (Tex. Crim. App. 2002).

Filed: September 13, 2006

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