Salazar, Gabriela

• Court: Court of Criminal Appeals of Texas
• Decided: May 19, 2010
• Docket: WR-73,875-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-73,875-01 EX PARTE GABRIELA SALAZAR, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 06CR4059D IN THE 105TH DISTRICT COURT

FROM NUECES 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 a 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 sixteen years' imprisonment. The Thirteenth Court of Appeals affirmed her conviction. Salazar v. State, No. 13-07-00208-CR (Tex. App.-Corpus Christi 2008, no pet.).

Applicant contends that her trial counsel rendered ineffective assistance at the punishment stage. The trial court made findings of fact and concluded that Applicant's claim is without merit. We agree. We do not agree, however, that her claim is not cognizable and should be dismissed. The trial court concluded that because Applicant's claim was raised on direct appeal, it is not cognizable and should be dismissed. It is clear that the record on direct appeal was not adequate to evaluate the merits of her claim. In such cases, an applicant is not barred from relitigating the merits of an ineffective assistance of counsel claim in a habeas application if she provides additional evidence to prove her claim. See Ex parte Torres, 943 S.W.2d 469, 475 (Tex. Crim. App. 1997); Ex parte Nailor, 149 S.W.3d 125, 131-32 (Tex. Crim. App. 2004). We also note that even if the court of appeals had rejected Applicant's claim based on an adequate record, this Court would have denied rather than dismissed her claim. With these words, we deny relief.

Filed: May 19, 2010

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