IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-70,605-01

EX PARTE PHILIP DUANE VOLKMAN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2002R-0126

IN THE 155^TH DISTRICT COURT FROM AUSTIN COUNTY

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 indecency with a child and sentenced to ten years' imprisonment.

On October 1, 2008, this Court remanded this application to the trial court for findings of fact and conclusions of law. On November 12, 2008, the trial court made findings of fact and conclusions of law that were based on an affidavit from trial counsel. The trial court recommended that relief be denied.

Based on the trial court's findings of fact as well as this Court's independent review of the entire record, we deny relief.

It is so ordered on this the seventeenth day of December, 2008.

Filed:

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