Valier, Nkrumah Lamumba ( 2013 )

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-77,638-04

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EX PARTE NKRUMAH VALIER, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1150625 IN THE 183^RD DISTRICT COURT

FROM HARRIS 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 aggravated sexual assault and sentenced to forty years’ imprisonment.

            Applicant’s application was originally filed in the district court on November 28, 2012. On February 6, 2013, the trial court made findings of fact and conclusions of law addressing the nine grounds raised in the application. The trial court recommended that relief be denied. On January 2, 2013, Applicant filed a motion to amend and attached three additional grounds for review and additional exhibits to his application. On February 22, 2013, Applicant filed an amended application containing fifteen grounds for review and an exhibit. The trial court’s findings address only the grounds raised in the initial application.

            The trial court’s findings did not fully address all fact issues necessary to the resolution of the claims that Applicant raised in his supplement and amended application. Nonetheless, this Court has undertaken an independent review of all the evidence in the record. Therefore, based on the trial court’s findings of fact and conclusions of law as well as this Court’s independent review of the entire record, we deny relief.

Filed: May 15, 2013

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