Mason, William Michael

  













IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-73,408-01

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WILLIAM MICHAEL MASON, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 620074-A IN THE 228TH DISTRICT COURT

HARRIS COUNTY

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   Keasler, J., filed a concurring statement.

CONCURRING STATEMENT The trial judge has entered findings of fact and conclusions of law on William Michael Mason's initial application for a writ of habeas corpus. With respect to Mason's grounds for relief one, three, five, and six, I would first hold that they are procedurally defaulted because they could have been raised by Mason on direct appeal but were not. ⁽¹⁾ And only as an alternative reason for rejecting these specific claims, would I adopt the trial judge's conclusions of law.

I would also make clear that the trial judge's conclusion of law seven contains a typographical error. The trial judge incorrectly cites footnote four in our opinion in Castellano v. State. ⁽²⁾ It is obvious that this was not intentional and that the trial judge meant to cite to footnote three.

DATE DELIVERED: April 14, 2010

DO NOT PUBLISH

1. Ex parte Banks, 769 S.W.2d 539, 540 (Tex. Crim. App. 1989).

2. Ex Parte Castellano, 863 S.W.2d 476, 481 n.4 (Tex. Crim. App. 1993).