Opinion
WR-95,170-01
07-31-2024
EX PARTE JUSTIN TONEY, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2009CR5360-W1 IN THE 175TH DISTRICT COURT FROM BEXAR COUNTY
Yeary, J., did not participate.
ORDER
Per curiam
Applicant was convicted of murder and failure to stop and render aid and sentenced to forty years' and ten years' imprisonment, respectively. The Fourth Court of Appeals affirmed his conviction. Toney v. State, No. 04-10-00383-CR (Tex. App.-San Antonio May 18, 2011) (not designated for publication). Applicant 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 contends, among other things, that trial counsel was ineffective by failing to investigate and present available mitigation evidence. Based on the record, the trial court has determined that trial counsel's performance was deficient and that Applicant was prejudiced. The trial court recommends granting Applicant a new punishment hearing.
We disagree. Based on this Court's review of the entire record, relief on all grounds is denied.
Copies of this order shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and the Board of Pardons and Paroles.