Wright, Ex Parte Susan Lucille ( 2009 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. AP-76,245
    EX PARTE SUSAN LUCILLE WRIGHT, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 937134-A IN THE 263RD DISTRICT COURT
    FROM HARRIS COUNTY
    Per curiam.
    OPINION
    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 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 25 years’ imprisonment. The Fourteenth Court of Appeals affirmed her conviction.
    Wright v. State, 
    178 S.W.3d 905
    (Tex. App.— Houston [14th Dist.] 2005, pet ref’d).
    Applicant contends counsel rendered ineffective assistance in the guilt phase, in the
    punishment phase, and during the hearing on the motion for a new trial.
    Based on the trial judge’s findings pronounced in open court and our own review of the
    2
    record, we find that counsel rendered ineffective assistance during the punishment phase of trial.
    Strickland v. Washington, 
    466 U.S. 668
    (1984).
    Relief is granted in part. The judgment of conviction in Case No. 937134-A from the 263rd
    Judicial District Court of Harris County is set aside, and the Applicant is remanded to the custody
    of the Sheriff of Harris County so that a new punishment trial can be conducted.
    We decline to adopt the trial judge’s written findings of fact and conclusions of law because
    either they are not supported by the record or they are contrary to the law.
    Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
    Institutions Division and Pardons and Paroles Division.
    Delivered: October 28, 2009
    Do Not Publish
    

Document Info

Docket Number: AP-76,245

Filed Date: 10/28/2009

Precedential Status: Precedential

Modified Date: 9/15/2015