VASQUEZ, JOSE MIGUEL Jr.

• Court: Court of Criminal Appeals of Texas
• Decided: June 29, 2011
• Docket: WR-59,247-04
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-59,247-03 & -04 EX PARTE JOSE MIGUEL VASQUEZ, JR., Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. 734092 & 734091 IN THE 183RD 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 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 murder and attempted murder and sentenced to imprisonment for forty and ten years, respectively. The Fourteenth Court of Appeals affirmed his convictions. Vasquez v. State, Nos. 14-97-00332-CR & 14-97-00335-CR (Tex. App.-Houston [14th Dist.] Feb. 25, 1999, no pet.).

Applicant contends that he was denied his right to file a petition for discretionary review. The trial court made findings of fact and conclusions of law and recommended that we deny relief. It found, among other things, that appellate counsel's file on Applicant had been destroyed. Because this finding is not supported by the record, we decline to adopt it. We agree, however, that Applicant is not entitled to relief. Accordingly, relief is denied.

Filed: June 29, 2011

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