Opinion
No. WR-71,424-01
Filed: February 10, 2010. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus, Cause No. F-0334509-U in the 291st District Court from Dallas County.
PER CURIAM, KELLER, P.J. dissents.
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 this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of sexual assault and sentenced to ten years' imprisonment and a ten thousand dollar fine. The Fifth Court of Appeals affirmed his conviction. Smith v. State, No. 05-06-183-CR (Tex. App.-Dallas, delivered March 5, 2007, pet. ref'd). The trial court has recommended granting Applicant a new appellate proceeding based on his claim of ineffective assistance of appellate counsel. This Court remanded this application to obtain more information and responses from both trial and appellate counsel. We find that Applicant has not meet his burden to show that he received ineffective assistance of counsel at any stage of his proceedings. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Hernandez v. State, 726 S.W.2d 53, 56-57 (Tex. Crim. App. 1984). Based on this Court's independent review of the affidavits from counsel as well as the entire record, we deny relief.