Opinion
WR-92 642-01
02-02-2022
EX PARTE ALI L. GHANBARI, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W199-81974-2013-HC IN THE 199TH DISTRICT COURT FROM COLLIN COUNTY
ORDER
PER CURIAM.
A jury convicted Applicant of aggravated robbery and sentenced him to twenty-seven years in prison. The Fifth Court of Appeals affirmed the conviction. Ghanbari v. State, No. 05-17-00257-CR (Tex. App.-Dallas del. Apr. 17, 2019). Applicant, through habeas counsel, filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See Tex. Code Crim. Proc. art. 11.07.
Applicant argues that his trial counsel: wrongly conceded guilt in closing argument; failed to elicit testimony regarding the deferred adjudication probation that a co-defendant received; and failed to object to the prosecutor's closing argument that Applicant "never took responsibility" for his conduct. The habeas court held an evidentiary hearing. The habeas court did not make findings. 1
This Court has made an independent review of the record, including Applicant's habeas application and memorandum, Applicant's exhibits, Applicant's proposed findings of fact and conclusions of law, the transcription of the evidentiary hearing, and the record of Applicant's direct appeal, which was filed with Applicant's petition for discretionary review to this Court and includes a transcription of Applicant's trial. See Ghanbari v. State, No. PD-0498-19 (Tex. Crim. App. ref'd Sept. 11, 2019). Applicant fails to show entitlement to habeas relief. See Strickland v. Washington, 466 U.S. 668 (1984). Applicant's application for a writ of habeas corpus is denied. 2