IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-18,236-02 AND WR-18,236-03

EX PARTE BRYAN NELSON MAXWELL, AKA BILLY WAYNE MARVIN, Applicant

ON APPLICATION FOR WRITS OF HABEAS CORPUS

CAUSE NOS. 383023-B AND 381624-B IN THE 179^TH JUDICIAL DISTRICT COURT

FROM HARRIS 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 these applications for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to one charge of possession of a controlled substance, and one charge of attempted murder. Applicant was sentenced to four years' imprisonment for each charge.

The trial court entered findings of fact and conclusions of law in both cases. The trial court recommended that writ number WR-18,236-02 be dismissed as a subsequent application, and that writ number WR-18,236-03 be denied as without merit. Although Applicant has previously filed a writ pertaining to both of these convictions, that writ raised claims unrelated to the merits of these convictions. Therefore, Applicant's previous writ did not trigger a bar to subsequent applications under Tex. Code Crim. Proc. art. 11.07 §4.

This Court has reviewed the record with respect to the allegations made by Applicant in both of these writs. We adopt the trial court's findings and conclusions of law with respect to WR-18,236-02, except for paragraph #3. Based upon the trial court's findings and conclusions and our own review, we deny relief in both writs.

Filed: August 26, 2009

Do not publish