White, Jeffery Kirk

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-73,807-01 EX PARTE JEFFERY KIRK WHITE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NUMBER 241-0010-08-A IN THE 241^ST DISTRICT COURT

FROM SMITH COUNTY

Per curiam.

O R D E R

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq. Applicant was convicted of the felony offense of injury to a child and punishment was assessed at life confinement in the Texas Department of Criminal Justice. No direct appeal was taken.

The Court received this writ application on April 16, 2010. On December 8, 2010, this Court dismissed it for failing to comply with the rules of appellate procedure. However, the record included two applications, including an application that did comply with the rules of appellate procedure. This Court has determined that the writ was dismissed in error. After reconsideration on its own motion, the Court finds that the application should have been denied on the merits. Accordingly, the Court withdraws its prior order dismissing this application for failing to comply with the rules of appellate procedure and enters an order denying this application based on the trial court's findings of fact as well as this Court's independent review of the entire record.

FILED: January 12, 2011

DO NOT PUBLISH