Tran, Son Vu Khai

Court of Criminal Appeals of Texas

Tran, Son Vu Khai

DecidedJanuary 10, 2007

DocketWR-65,056-02

StatusPublished

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Tran, Son Vu Khai, (Tex. 2007).

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Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-65,056-02 EX PARTE SON VU KHAI TRAN

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 766950-A IN THE 338^TH JUDICIAL DISTRICT COURT

HARRIS COUNTY

Per curiam.

O R D E R

This is a post conviction application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure article 11.071.

On December 14, 2000, a jury convicted applicant of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Tran v. State, No. AP-74,040 (Tex. Crim. App. Apr. 2, 2003)(not designated for publication).

Applicant presents three "objections" to the constitutionality of Article 11.071 and twelve allegations in his application in which he challenges the validity of his conviction and resulting sentence. Although an evidentiary hearing was not held, the trial judge entered findings of fact and conclusions of law. The trial court noted that the governor had commuted applicant's sentence to life based on the fact that he was seventeen when he committed the instant crime. Thus, he concluded that many of applicant's allegations were rendered moot. However, he recommended that the objections and the application in its entirety be denied.

This Court has reviewed the record with respect to the objections and allegations made by applicant. We adopt the trial judge's findings and conclusions. Based upon the trial court's findings and conclusions and our own review, applicant's objections are overruled and his allegations four through six are denied, as well as any portion of allegations ten and eleven that pertain to alleged error in the guilt phase of trial. Because the remainder of the application affects only punishment, it is dismissed as moot.

IT IS SO ORDERED THIS THE 10^TH DAY OF JANUARY, 2006.

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-65,056-02 EX PARTE SON VU KHAI TRAN

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 766950-A IN THE 338^TH JUDICIAL DISTRICT COURT

HARRIS COUNTY

Per curiam.

O R D E R

This is a post conviction application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure article 11.071.

On December 14, 2000, a jury convicted applicant of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Tran v. State, No. AP-74,040 (Tex. Crim. App. Apr. 2, 2003)(not designated for publication).

Applicant presents three "objections" to the constitutionality of Article 11.071 and twelve allegations in his application in which he challenges the validity of his conviction and resulting sentence. Although an evidentiary hearing was not held, the trial judge entered findings of fact and conclusions of law. The trial court noted that the governor had commuted applicant's sentence to life based on the fact that he was seventeen when he committed the instant crime. Thus, he concluded that many of applicant's allegations were rendered moot. However, he recommended that the objections and the application in its entirety be denied.

This Court has reviewed the record with respect to the objections and allegations made by applicant. We adopt the trial judge's findings and conclusions. Based upon the trial court's findings and conclusions and our own review, applicant's objections are overruled and his allegations four through six are denied, as well as any portion of allegations ten and eleven that pertain to alleged error in the guilt phase of trial. Because the remainder of the application affects only punishment, it is dismissed as moot.

IT IS SO ORDERED THIS THE 10^TH DAY OF JANUARY, 2006.

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