Varela, Frankie ( 2013 )

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-79,600-01

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EX PARTE FRANKIE VARELA, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. C-19,842-a IN THE 244TH DISTRICT COURT

FROM ECTOR COUNTY

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            Per curiam. Johnson, J., filed a concurring statement.

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 robbery and sentenced to ten years’ imprisonment. He did not appeal his conviction.

            Applicant contends that trial counsel failed to review the final judgment and challenge the the trial court’s assessment of attorney fees. This ground is without merit and is denied. Applicant also contends in his remaining grounds that because the trial court made no finding that there was a material change in Applicant’s financial circumstances, the trial court erred in assessing attorney fees. These grounds are dismissed. In re Daniel, 396 S.W.3d 545 (Tex. Crim. App. 2013). This application is denied in part and dismissed in part.

Filed: July 24, 2013

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