Molina, Henry Wesley Jr.

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,007-01
EX PARTE HENRY WESLEY MOLINA, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 774772-A IN THE 208TH DISTRICT COURT
FROM HARRIS 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 murder and
sentenced to sixty years’ imprisonment. The First Court of Appeals affirmed his conviction. Molina
v. State, No. 01-98-01285-CR (Tex. App.—Houston [1st Dist.] Oct. 28, 1999) (not designated for
publication).
Applicant contends that his trial counsel rendered ineffective assistance because counsel
failed to object to the prosecutor’s statements on the use of deadly force; failed to file a motion in
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limine and object to opinion testimony; failed to object to testimony that Applicant was assigned to
an alternative learning center; and, failed to investigate that the State had a recording of a defense
witness before calling her as a witness.
On February 17, 2015, the trial court made findings of fact and conclusions of law. The trial
court recommended that relief be granted.
The trial court made findings that counsel’s performance was deficient and, but for counsel’s
errors, the proceeding would be different. The trial court’s findings are not supported by the record.
Based on this Court’s independent review of the entire record, we deny relief.
Delivered: November 25, 2015
Do not publish