Tear, Robert William

• Court: Court of Criminal Appeals of Texas
• Decided: June 12, 2013
• Docket: WR-58,088-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-58,088-03 EX PARTE ROBERT WILLIAM TEAR, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F-0020976-TP IN THE 203RD DISTRICT COURT

FROM DALLAS 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 was convicted of two counts of aggravated sexual assault. He was placed on probation for ten years for one count and sentenced to prison for fifteen years for `the other count. The Fifth Court of Appeals affirmed his convictions. Tear v. State, No. 05-01-00166-CR (Tex. App.--Dallas 2002, pet. ref'd).

This is a subsequent application for a writ of habeas corpus. Tex. Code Crim. Proc. art. 11.07, § 4. In six grounds, Applicant contends that trial counsel rendered ineffective assistance. Those grounds relating to Applicant's probated sentence are dismissed. Ex parte Renier, 734 S.W.2d 349 (Tex. Crim. App.1987). We find that the factual basis of Applicant's first ground was not previously available. After reviewing its merits, we conclude, however, that Applicant has not demonstrated that there is a reasonable probability that the result would have been different. Strickland v. Washington, 466 U.S. 668, 694 (1984). This ground is denied. Applicant's remaining grounds are dismissed pursuant to Article 11.07, § 4. Accordingly, this application is dismissed in part and denied in part.

Filed: June 12, 2013

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