Tear, Robert William ( 2013 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-58,088-03

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EX PARTE ROBERT WILLIAM TEAR, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F-0020976-TP IN THE 203RD DISTRICT COURT FROM DALLAS 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 two counts of aggravated sexual assault. He was placed on probation for ten years for one count and sentenced to prison for fifteen years for ``the other count. The Fifth Court of Appeals affirmed his convictions. Tear v. State, No. 05-01-00166-CR (Tex. App.--Dallas 2002, pet. ref'd).

This is a subsequent application for a writ of habeas corpus. Tex. Code Crim. Proc. art. 11.07, § 4. In six grounds, Applicant contends that trial counsel rendered ineffective assistance. Those grounds relating to Applicant's probated sentence are dismissed. Ex parte Renier, 734 S.W.2d 349 (Tex. Crim. App.1987). We find that the factual basis of Applicant's first ground was not previously available. After reviewing its merits, we conclude, however, that Applicant has not demonstrated that there is a reasonable probability that the result would have been different. Strickland v. Washington, 466 U.S. 668, 694 (1984). This ground is denied. Applicant's remaining grounds are dismissed pursuant to Article 11.07, § 4. Accordingly, this application is dismissed in part and denied in part.

Filed: June 12, 2013

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