Toombs, Carlos Wayne

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NO. WR-63,745-04

EX PARTE CARLOS WAYNE TOOMBS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 044997-03-E-WR

IN THE 108TH DISTRICT COURT FROM POTTER 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 aggravated sexual assault, and sentenced to forty years’ imprisonment. His conviction was affirmed on direct appeal. Toombs v. State, No. 07-02-00320-CR (Tex. App.—Feb. 7, 2003) (not designated for publication).

Applicant raises nine grounds for relief. Applicant’s claims relating to his recent Chapter 64 DNA proceedings are denied. Ex parte Baker, 185 S.W.3d 894, 897–98 (Tex. Crim. App. 2006); Ex parte Suhre, 185 S.W.3d 898 (Tex. Crim. App. 2006). His ineffective assistance of counsel claim

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relating to his trial proceedings is dismissed as subsequent. TEX . CODE CRIM . PROC. art. 11.07 § 4. Accordingly, the writ application is denied in part and dismissed in part.

Filed: March 21, 2018 Do not publish