EX PARTE MYKAYA LEE RILEY, Applicant (concurring)

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

NOS. WR-75,766-01 through -03
EX PARTE MYKAYA LEE RILEY, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. 04-DCR-039915A THROUGH 04-DCR-039917A

IN THE 434TH JUDICIAL DISTRICT COURT

FROM FORTH BEND COUNTY

Keasler, J., filed a concurring statement.

CONCURRING STATEMENT

I agree with the Court's determination to deny relief. But I write to note that Applicant's ground challenging the jury charge is cognizable on an application for a writ of habeas corpus, (1) contrary to the trial court's conclusion of law 5. Applicant, however, has failed to show that he was entitled to the instruction he now complains that he did not receive. I would therefore deny the jury charge error claim on that basis.

DATE FILED: May 25, 2011

DO NOT PUBLISH

1. Ex parte Maldonado, 688 S.W.2d 114, 116 (Tex. Crim. App. 1985); Ex parte Coleman, 599 S.W.2d 305, 306-07 (Tex. Crim. App. 1978).