Pecina, Alfredo ( 2013 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-77,984-02

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EX PARTE ALFREDO PECINA, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. B17667-0806 IN THE 64^TH DISTRICT COURT FROM HALE 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 assault with a deadly weapon and sentenced to eleven years' imprisonment. The Seventh Court of Appeals affirmed his conviction. Pecina v. State, No. 07-11-00504-CR (Tex. App.--Amarillo Jun. 8, 2012) (unpublished).

Applicant raised two grounds alleging his plea was involuntary due to counsel's errors and the Court remanded the case for responses and findings of fact. After a live hearing, the trial court signed findings of fact and conclusions of law, rejecting Applicant's claims. This Court does not adopt the trial court's findings of fact number 44. Based on the trial court's remaining findings of fact and this Court's independent review of the entire record, we deny relief.

  Filed: November 6, 2013

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