Townsend, Emory ( 2007 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-45,413-02

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EX PARTE EMORY TOWNSEND, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 97-F-579-102 IN THE 102^ND DISTRICT COURT FROM BOWIE COUNTY

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   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 sexual assault and sentenced to ten years' imprisonment. He did not appeal his conviction.

Applicant contends (1) that trial counsel was ineffective; (2) that the State breached the plea agreement; (3) that this Court erred in not adopting the trial court's findings in the -01 application and in denying Applicant's claim in that application; and (4) that there is newly-discovered evidence in the record that would have affected the result of the proceeding.

On April 18, 2007, the trial court entered findings of fact and conclusions of law, recommending that the application be dismissed. We agree in part. Applicant's first and second grounds are dismissed. Tex. Code Crim. Proc. art. 11.07, § 4. His third and fourth grounds are denied. Accordingly, we dismiss in part and deny in part.

Filed: November 7, 2007

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