Valle, Brian Craig

• Court: Court of Criminal Appeals of Texas
• Decided: September 24, 2008
• Docket: WR-70,268-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-70,268-01 EX PARTE BRIAN CRAIG VALLE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 705676 IN THE 232^ND DISTRICT COURT

FROM HARRIS 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 attempted capital murder and sentenced to twenty years' imprisonment. The Sixth Court of Appeals affirmed his conviction. Valle v. State, No. 06-97-00067-CR (Tex. App.-Texarkana, Feb. 24, 1998, pet. ref'd).

Applicant contends that he is actually innocent, that the trial court erred in denying his motion for new trial, and that trial counsel rendered ineffective assistance. The trial court entered findings of fact and conclusions of law and recommended that we deny this application. After conducting an independent review of the record, we agree with the trial court's recommendation. Accordingly, this application is denied.

Filed: September 24, 2008

Do not publish