EX PARTE ANTHONY WAYNE KENLEY (other)

OF TEXAS

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER F-2005-0991-EWHC2 IN THE

367TH JUDICIAL DISTRICT COURT OF DENTON COUNTY

O R D E R

This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of indecency with a child and two counts of aggravated sexual assault. His sentences were assessed at two terms of confinement for twenty years, a term of sixty years, and a term of fifty years. Applicant appealed the conviction in Kenley v. State, No. 02-06-00127-CR (Tex. App. - Fort Worth, October 12, 2006, no pet.).

The trial court recommends that this application be dismissed pursuant to the Texas Code of Criminal Procedure, article 11.07, 4(a)-(c). However, applicant's previous application for habeas corpus relief did not challenge his conviction and sentence, for purposes of Section 4. See Ex parte Santana, 227 S.W.3d 700, 704 (Tex. Crim. App. 2007). Therefore this application is subject to review on the merits.

Based on this Court's independent review of the record, we find that Applicant's claims are without merit. Therefore we deny relief.

FILED: February 2, 2011

DO NOT PUBLISH