Smith, Steven Glen

• Court: Court of Criminal Appeals of Texas
• Decided: February 10, 2010
• Docket: WR-71,424-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,424-01

EX PARTE STEVEN GLEN SMITH, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F-0334509-U

IN THE 291^ST DISTRICT COURT FROM DALLAS COUNTY

Per curiam. Keller, P.J. dissents.

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 sexual assault and sentenced to ten years' imprisonment and a ten thousand dollar fine. The Fifth Court of Appeals affirmed his conviction. Smith v. State, No. 05-06-183-CR (Tex. App.-Dallas, delivered March 5, 2007, pet. ref'd).

The trial court has recommended granting Applicant a new appellate proceeding based on his claim of ineffective assistance of appellate counsel. This Court remanded this application to obtain more information and responses from both trial and appellate counsel. We find that Applicant has not meet his burden to show that he received ineffective assistance of counsel at any stage of his proceedings. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Hernandez v. State, 726 S.W.2d 53, 56-57 (Tex. Crim. App. 1984).

Based on this Court's independent review of the affidavits from counsel as well as the entire record, we deny relief.

Filed: February 10, 2010

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