Opinion
WR-70,614-03
06-12-2024
EX PARTE MICHAEL A. MIRANDA, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2007CR2903B IN THE 289TH DISTRICT COURT FROM BEXAR COUNTY
Hervey and Yeary, JJ., not participating.
ORDER
Per curiam.
Applicant was convicted of murder and sentenced to fifty years' imprisonment. The Fourth Court of Appeals affirmed. Miranda v. State, No. 04-10-00015-CR (Tex. App.-San Antonio April 20, 2011). 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 for failing to challenge the State's petition to the juvenile court to waive jurisdiction and transfer Applicant to the district court. Applicant also contends that trial counsel was ineffective for failing to request a sudden passion instruction in the punishment phase of the district court proceedings. The trial court recommends granting relief based on these allegations of ineffective assistance of counsel.
After a thorough review of the entire habeas record, we disagree. Applicant has not established prejudice from counsel's failure to challenge the waiver and transfer, or from counsel's failure to request a sudden passion instruction.
We find that the habeas record does not support the contentions that Applicant received ineffective assistance of counsel. We therefore deny relief.
Copies of this order shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and the Board of Pardons and Paroles.