Opinion
NO. WR-84,550-01 NO. WR-84,550-02
06-07-2017
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 51391-A*1 & 51391-A*2 IN THE 30TH DISTRICT COURT FROM WICHITA COUNTY
Per curiam. KEASLER, J., not participating. 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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of one count of continuous sexual abuse of a young child or children, three counts of indecency with a child, and two counts of possession of child pornography. He was sentenced to imprisonment for one term of thirty years, two terms of three years, and three terms of two years. The Eighth Court of Appeals affirmed his convictions. Rivers v. State, No. 08-12-00145-CR (Tex. App.—El Paso July 23, 2014) (not designated for publication).
Applicant contends, among other things, that counsel were ineffective. On October 5, 2016, we remanded these applications for a response from counsel and findings of fact and conclusions of law from the trial court. On remand, counsel filed affidavits in response to Applicant's claims, and the trial court entered findings of fact and concluded that counsel were not ineffective. We agree.
Applicant's claims relating to his convictions for indecency with a child and continuous sexual abuse of a young child or children are denied. His claims relating to his convictions for possession of child pornography are dismissed. TEX. CODE CRIM. PROC. art. 11.07, § 3(c); Ex parte Harrington, 310 S.W.3d 452 (Tex. Crim. App. 2010). Accordingly, these applications are denied in part and dismissed in part. Filed: June 7, 2017
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