EX PARTE DAVID JOHN GUEST (other)

OF TEXAS

NO. WR-74,396-01

EX PARTE DAVID JOHN GUEST, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1136079D IN THE 371ST DISTRICT COURT

FROM TARRANT 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 twelve years imprisonment. He did not appeal his conviction.

Applicant contends that his trial counsel rendered ineffective assistance. Trial counsel submitted a sworn affidavit in response to Applicant s claim, and based on this affidavit, the trial court recommended that we deny relief. We agree that Applicant s claim is without merit.

The trial court also recommended in the alternative that we dismiss this application because on the date it was filed in the trial court Applicant could have filed a motion for new trial or a notice of appeal. As a result, the trial court concluded that Applicant s conviction was not yet final. We do not have jurisdiction under Article 11.07 unless a felony conviction is final. Tex. Code Crim. Proc. art. 11.07, 3(a). But we have not held that, for purposes of Article 11.07, a conviction is not final if an applicant could have filed a motion for new trial or a notice of appeal on the date his application was filed in the trial court. With these words, we deny relief.

Filed: September 15, 2010

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