Waguespack, John David

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,986-01
EX PARTE JOHN DAVID WAGUESPACK, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2012-46-C1A IN THE 19TH DISTRICT COURT
FROM MCLENNAN 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 sexual assault
and sentenced to imprisonment for life. The Tenth Court of Appeals affirmed his conviction.
Waguespack v. State, No. 10-13-00416-CR (Tex. App.—Waco June 18, 2015)(not designated for
publication).
Applicant contends, among other things, that his trial counsel rendered ineffective assistance
because counsel failed to object to the testimony from psychologist, Dr. William Lee Carter, who
described the characteristics of a person who commits sexual assault and the characteristics of a
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person who becomes a victim of sexual assault.
On May 16, 2017, the trial court signed findings of fact and conclusions of law and
recommended denying relief. This Court denies relief, but declines to adopt the trial court’s findings
of fact and conclusions of law numbers seven, eight, and nine as they state that Dr. Carter’s expert
testimony was not character evidence and was not objectionable. These findings are not supported
by any legal authority from this Court. This Court does not adopt findings number seven, eight, and
nine, but based on the trial court’s other findings of fact and conclusions of law, we deny relief.
Filed: January 24, 2018
Do not publish