Summerville, Rodney Dale

• Court: Court of Criminal Appeals of Texas
• Decided: January 11, 2012
• Docket: WR-66,304-06
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-66,304-05, -06 & -07 EX PARTE RODNEY DALE SUMMERVILLE, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. 0817992D, 0817994D & 0818003D IN THE 371ST DISTRICT COURT

FROM TARRANT 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 possession of heroin, possession of cocaine with intent to deliver, and possession of a firearm by a felon. He was sentenced to sixty years' imprisonment on each count. The Second Court of Appeals affirmed his convictions. Summerville v. State, Nos. 02-03-00432-CR, 02-03-00433-CR & -02-03-00434-CR (Tex. App.-Fort Worth Nov. 15, 2005, pet. ref'd).

Applicant raised multiple grounds in these applications. In its original findings of fact and conclusions of law, the trial court recommended in the interests of justice that we grant Applicant a new punishment hearing in cause number 0817992D and delete the deadly weapon finding from the judgment in cause number 0817994D. After reviewing the record, we remanded these applications for further findings and conclusions and directed the trial court to order trial and appellate counsel to file responses. After reviewing these responses, as well as one from the Honorable James Wilson, who presided at trial, the trial court made supplemental findings and conclusions and determined that neither trial nor appellate counsel was ineffective. The trial court recommended that we deny relief. After independently reviewing the record, we conclude that Applicant is not entitled to a new punishment hearing in cause number 0817992D or to the deletion of the deadly weapon finding from the judgment in cause number 0817994D. We deny relief.

Filed: January 11, 2012

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