Riley, Mykaya Lee

• Court: Court of Criminal Appeals of Texas
• Decided: May 25, 2011
• Docket: WR-75,766-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-75,766-01 through -03 EX PARTE MYKAYA LEE RILEY, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. 04-DCR-039915A THROUGH 04-DCR-039917A

IN THE 434TH JUDICIAL DISTRICT COURT

FROM FORTH BEND COUNTY

Keasler, J., filed a concurring statement.

CONCURRING STATEMENT

I agree with the Court's determination to deny relief. But I write to note that Applicant's ground challenging the jury charge is cognizable on an application for a writ of habeas corpus, ⁽¹⁾ contrary to the trial court's conclusion of law 5. Applicant, however, has failed to show that he was entitled to the instruction he now complains that he did not receive. I would therefore deny the jury charge error claim on that basis.

DATE FILED: May 25, 2011

DO NOT PUBLISH

1. Ex parte Maldonado, 688 S.W.2d 114, 116 (Tex. Crim. App. 1985); Ex parte Coleman, 599 S.W.2d 305, 306-07 (Tex. Crim. App. 1978).