Perry, Benjamin

Court of Criminal Appeals of Texas

Perry, Benjamin

Opinion

















IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NOS. WR-68,344-01 & WR-68,344-02


EX PARTE BENJAMIN PERRY


ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NUMBERS 2003-CR-9679-W1 & 2003-CR-9680-W1

IN THE 187TH JUDICIAL DISTRICT COURT

BEXAR COUNTY


Per curiam.



O R D E R



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 pleaded nolo contendere and was convicted of aggravated assault with a deadly weapon and aggravated robbery and sentenced to eight years' imprisonment on each cause. The Fourth Court of Appeals affirmed his convictions. Perry v. State, Nos. 04-05-00506-CR and 04-05-00507-CR (Tex. App.-San Antonio, delivered September 13, 2006).

Applicant alleges his counsel was ineffective for failing to investigate and failing to present mitigating witnesses and evidence. The trial court recommended granting relief.

After a review of the record, we find that the trial court's conclusions of law are not supported by the record and that Applicant's claims of ineffective assistance of counsel are without merit. Therefore, we deny relief.



DELIVERED: OCTOBER 31, 2007

DO NOT PUBLISH

Reference

Status
Published