Nieto, Charles Frankie ( 2018 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-70,375-02
EX PARTE CHARLES FRANKIE NIETO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 4-95-95-B IN THE 114TH DISTRICT COURT
FROM SMITH COUNTY
Per curiam. ALCALA , J., not participating.
ORDER
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 murder and
sentenced to imprisonment for life. After we granted Applicant an out-of-time appeal, the court of
appeals reversed the judgment of conviction and remanded the case to the trial court. Nieto v. State,
No. 01-09-00226-CR (Tex. App.—Houston [1st Dist.] Dec. 16, 2010) (not designated for
publication). We reversed and remanded the case to the court of appeals to consider the remaining
issues. Nieto v. State, 365 S.W.3d 673 (Tex. Crim. App. 2012). On remand, the court of appeals
affirmed the judgment of conviction. Nieto v. State, 01-09-00226-CR (Tex. App.—Houston [1st
2
Dist.] Oct. 18, 2012) (not designated for publication).
In a single ground, Applicant contends that he was deprived of his right to have a grand jury
determine whether probable cause existed to mandate a trial. We previously dismissed this
application. See TEX . CODE CRIM . PROC. art. 11.07, § 4. We now reconsider that dismissal on our
own motion and deny relief based on the trial court’s findings of fact and our own independent
review of the record.
Filed: September 12, 2018
Do not publish