Samaniego, Robert Flores Jr.

• Court: Court of Criminal Appeals of Texas
• Decided: January 11, 2012
• Docket: WR-76,378-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-76,378-01, -02, -03 & -04 EX PARTE ROBERT FLORES SAMANIEGO, JR., Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. CR-08-075, CR-08-076, CR-08-077 & CR-08-078

IN THE 22ND DISTRICT COURT

FROM HAYS 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 these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of four counts of aggravated assault and sentenced to eighteen years' imprisonment on each count. The Third Court of Appeals affirmed his convictions. Samaniego v. Texas, Nos. 03-09-00195-CR, 03-09-00196-CR, 03-09-00197-CR & 03-09-00198-CR (Tex. App.-Austin June 10, 2010, pet. ref'd).

Applicant contends, among other things, that trial counsel rendered ineffective assistance because he did not object to the admission of extraneous offense evidence. On September 21, 2011, we remanded these applications and directed the trial court to determine whether trial counsel rendered ineffective assistance. On remand, trial counsel filed a response, and the trial court made findings of fact and conclusions of law. We believe that trial counsel's response and the trial court's findings and conclusions did not fully address all fact issues necessary to the resolution of Applicant's claim. Nonetheless, we have undertaken an independent review of all the evidence in the record. Based on the trial court's findings and conclusions as well as our own independent review of the entire record, we deny relief.

Filed: January 11, 2012

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