Wetz, Russell Wade

• Court: Court of Criminal Appeals of Texas
• Decided: July 2, 2008
• Docket: WR-34,760-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-34,760-02 EX PARTE RUSSELL WADE WETZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 9020 IN THE 132^ND DISTRICT COURT

FROM SCURRY 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 unlawful possession of a firearm and sentenced to sixty years' imprisonment. He did not appeal his conviction.

Applicant contends, among other things, that trial counsel was ineffective due to a conflict of interest. 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 factual findings and recommendation. Accordingly, we adopt the trial court's factual findings and deny this application; however, we do not adopt its conclusions of law. We review a trial court's conclusions of law de novo. Ex parte Ellis, 233 S.W.3d 324, 331 (Tex. Crim. App. 2007).

Filed: July 2, 2008

Do not publish