Smith, Joe Dale

• Court: Court of Criminal Appeals of Texas
• Decided: February 10, 2016
• Docket: WR-83,726-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-83,726-02

EX PARTE JOE DALE SMITH, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO.CR22028-A IN THE 35TH JUDICIAL DISTRICT COURT FROM BROWN COUNTY

Per curiam.

ORDER

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 possession of a

deadly weapon in a penal institution and was sentenced to ten years’ imprisonment.

On September 16, 2015, this Court remanded this application to the trial court for findings

of fact and conclusions of law. On December 11, 2015, the trial court signed 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Filed: February 10, 2016 Do not publish