Duran, Samuel Gasca ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-76,866-02
EX PARTE SAMUEL GASCA DURAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 366-82255-07-HC IN THE 366TH DISTRICT COURT
OF COLLIN COUNTY
Per curiam.
ORDER
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 of a child and one count of indecency with a child by contact. He was
sentenced to ninety-nine years’ imprisonment on each aggravated sexual assault count and twenty
years’ imprisonment on the indecency with a child count. The Dallas Court of Appeals affirmed the
convictions. Duran v. State, No. 05-09-00264-CR (Tex. App.—Dallas Nov. 16, 2010) (not
designated for publication).
This Court received this 11.07 application on September 18, 2018 and dismissed the writ
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application for non-compliance with the Rules of Appellate Procedure on September 26, 2018. TEX .
R. APP . P. 73.1(d). The Court has since received Applicant’s “Motion Requesting that his
Application for a Writ of Habeas Corpus Be Revived and Reinstated.” It is evident that the Court
dismissed Applicant’s 11.07 writ application in error. We now withdraw our order of September 26,
2018, and reconsider the case on our own motion. TEX . R. APP . P. 79.2(d).
The trial court made findings of fact and conclusions of law addressing Applicant’s claims.
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: January 9, 2019
Do not publish