EX PARTE JESUS PEREZ GUTIERREZ (other)

OF TEXAS

NO. WR-67,259-03

EX PARTE JESUS PEREZ GUTIERREZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. FR53450 IN THE 27TH JUDICIAL DISTRICT COURT

FROM BELL 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 aggravated sexual assault and sentenced to forty years imprisonment.

On April 12, 2010, the trial court signed findings of fact and conclusions of law. The trial court recommended that relief be denied. Finding of fact number six states that this Court dismissed Applicant s second habeas application regarding this conviction because it was filed while his direct appeal was still pending. That finding is erroneous. This Court dismissed Applicant s second habeas application because it was non-compliant with Tex. R. App. P. 73.1. This Court does not adopt trial court finding number six.

Based on the trial court s other findings of fact as well as this Court s independent review of the entire record, we deny relief.

Filed: May 12, 2010

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