Polly, Derrick Anthony

• Court: Court of Criminal Appeals of Texas
• Decided: March 31, 2010
• Docket: WR-63,637-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-63,637-03

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EX PARTE DERRICK ANTHONY POLLY, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 02-5988

IN THE 106^TH DISTRICT COURT FROM DAWSON 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 assault on a public servant and sentenced to twenty years’ imprisonment.

            On May 6, 2009, this Court remanded this application to the trial court for findings of fact and conclusions of law. On March 8, 2010, the trial court made findings of fact and conclusions of law that were based on the affidavit from trial counsel. The trial court recommended that relief be denied.

            Based on the trial court’s findings of fact as well as this Court’s independent review of the entire record, we deny relief.

Filed: March 31, 2010

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