Nguyen, Vu Hoang

• Court: Court of Criminal Appeals of Texas
• Decided: May 12, 2010
• Docket: WR-73,353-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-73,353-01

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EX PARTE VU HOANG NGUYEN, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1004299 IN THE 182^ND DISTRICT COURT

FROM HARRIS 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 murder and sentenced to thirty years’ imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Nguyen v. State, No. 14-07-00322-CR (Tex. App.–Houston [14^th Dist.] May 29, 2008 pet. ref’d) (not designated for publication).

            Applicant alleges, inter alia, that the trial court abused its discretion, and that appellate counsel was ineffective for not raising any of the trial court’s alleged errors. The ineffective assistance of appellate counsel ground was an supplemental ground, presented on the appropriate form and filed while the original application was pending in the trial court. The trial court issued findings of fact and conclusions of law addressing the claims presented in Applicant’s original filing and recommended that relief be denied, but made no findings addressing the supplemental ground. 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 find that Applicant’s claims are without merit. Therefore, we deny relief on all claims.

Filed: May 12, 2010

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