EX PARTE LESTER RAINWATER (Concurring Statement Filed)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,783-01

EX PARTE LESTER RAINWATER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. C-14,699 IN THE 173RD DISTRICT COURT

FROM HENDERSON COUNTY

Per curiam. Johnson, J., filed a concurring statement in which Price, Hervey, and Cochran, JJ., joined.

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 possession of a controlled substance and sentenced to life imprisonment.

Applicant contends, among other things, that his counsel rendered ineffective assistance because he failed to file a notice of appeal. On April 22, 2009, March 17, 2010, and November 24, 2010, we remanded this application for findings of fact and conclusions of law. In response to this Court's third remand order, the trial court found that although sentence was not pronounced in Applicant's presence, Applicant was sentenced in accordance with Articles 42.03, §1(a) and 42.14(b) of the Code of Criminal Procedure. After further review of the record, we conclude that because Article 42.14(b) did not become effective until September 1, 2009, its provisions do not apply to Applicant. Because sentence was not pronounced in Applicant's presence, this application is dismissed. Tex. Code Crim. Proc. art. 11.07, § 3(a).

Filed: September 14, 2011

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