Smith, Chavaun Lashale

• Court: Court of Criminal Appeals of Texas
• Decided: February 27, 2013
• Docket: WR-79,011-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-79,011-01 EX PARTE CHAVAUN LASHALE SMITH, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 57164-A IN THE 23^RD DISTRICT COURT

FROM BRAZORIA 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 pleaded guilty to two counts of robbery, and was sentenced to twelve years' imprisonment.

On December 18, 2012, the trial court entered an order designating issues requiring Applicant's trial counsel to submit an affidavit responding to Applicant's ineffective assistance of counsel claims. Applicant's trial counsel submitted an affidavit, and on January 22, 2013, the trial court made findings of fact and conclusions of law as to Applicant's ineffective assistance of counsel claim only. The trial court recommended that relief be denied.

The trial court's findings did not fully address all fact issues necessary to the resolution of the claims that Applicant raised in his application. Nonetheless, this Court has undertaken an independent review of all the evidence in the record. Therefore, 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 deny relief.

Filed: February 27, 2013

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