EX PARTE GABRIEL RIOJAS BERNAL (other)

OF TEXAS

NO. WR-72,789-01

EX PARTE GABRIEL RIOJAS BERNAL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 03-12-9069-CR IN THE 38TH DISTRICT COURT

FROM MEDINA 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 murder and sentenced to life imprisonment. The Fourth Court of Appeals affirmed his conviction. Bernal v. State, No. 04-07-00731-CR (Tex. App. San Antonio 2008, pet. ref d).

Applicant contends, among other things, that his trial counsel rendered ineffective assistance because he failed to file a timely motion to dismiss on speedy trial grounds and because he advised Applicant that he would be placed on probation if he pleaded no contest. On October 21, 2009, and May 5, 2010, we remanded this application for findings of fact and conclusions of law. On the May 5th remand, the trial court held a live evidentiary hearing and made findings of fact and conclusions of law immediately after the parties closing arguments. The trial court recommended that we deny relief. We agree with the trial court s recommendation, but we decline to adopt its findings of fact and conclusions of law that relate to Applicant s failure to urge counsel to file a motion to dismiss on speedy trial grounds. With these words, we deny relief.

Filed: October 6, 2010

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