Westphal, Jeffrey Lynn AKA Westphal, Jeffery Lynn

• Court: Court of Criminal Appeals of Texas
• Decided: June 27, 2012
• Docket: WR-77,392-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-77,392-02 EX PARTE JEFFREY LYNN WESTPHAL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W02-55335-T(A) IN THE 283^RD 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 pleaded guilty to aggravated robbery, and originally received deferred adjudication community supervision. He was later adjudicated guilty and sentenced to fifty years' imprisonment.

In this application, Applicant raised claims of a coerced confession, impermissibly suggestive pre-trial identification procedure, ineffective assistance of counsel both at the original plea and at adjudication, and denial of due process. On May 23, 2012, the trial court made findings of fact and conclusions of law recommending that relief be denied.

This Court has reviewed the record with respect to the allegations made by Applicant. We adopt the trial court's findings and conclusions of law, except for finding #12. Based upon the trial court's findings and conclusions and our own review, we deny relief.

Filed: June 27, 2012

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