EX PARTE CESAR PIMENTAL (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-69,696-01

EX PARTE CESAR PIMENTAL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 970D05599-210-1 IN THE 69,696-01 DISTRICT COURT

FROM EL PASO 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault of a child and sentenced to forty-nine years' imprisonment.

The trial court has entered findings of fact and conclusions of law recommending that relief be granted in this cause. This recommendation is not supported by the record. Specifically, the trial court has entered findings of fact that, but for counsel's failure to present mitigating evidence at sentencing, there was a reasonable probability of a different result. However, this same issue was raised and rejected at a motion for new trial hearing which was conducted by the same judge who sentenced Applicant. (1)

Therefore, based on this Court's independent review of the entire record, we deny relief.

It is so ordered on this the 2nd day of July, 2008.

Filed: July 2, 2008

Do not publish

1. The trial judge who entered the findings of fact and conclusions of law in this cause was not the judge who accepted Applicant's initial plea of guilty, sentenced the Applicant, or presided at the hearing on the motion for new trial.