Milner, Ex Parte Kenneth Glenn

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. AP-76,481

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EX PARTE KENNETH GLENN MILNER, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2405 IN THE 100TH DISTRICT COURT

FROM CARSON 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 attempted capital murder and sentenced to imprisonment for life. He did not appeal his conviction.

            Applicant contends, among other things, that his conviction violates the double jeopardy prohibition on multiple punishments for the same offense. Brown v. Ohio, 432 U.S. 161, 165 (1977); Saenz v. State, 166 S.W.3d 270, 272 (Tex. Crim. App. 2005). We order that this application be filed and set for submission to determine whether Applicant’s claim is procedurally barred under Article 11.07, § 4 of the Code of Criminal Procedure and whether a person can be sentenced to multiple punishments for attempting to commit multiple capital murders “pursuant to the same scheme or course of conduct.” Tex. Pen. Code § 19.03(a)(7)(B). The parties shall brief these issues.

            The trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent him. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing either the order appointing counsel or a statement that Applicant is not indigent. All briefs shall be filed with this Court within 90 days of the date of this order.

Filed: January 26, 2011

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