IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-70,825-01

EX PARTE HARRY EDWIN GIBSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 815646 IN THE 228^TH 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 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 aggravated assault with a deadly weapon and sentenced to sixty years' imprisonment. The First Court of Appeals dismissed Applicant's direct appeal. Gibson v. State, No. 01-00-418-CR (Tex. App.-Houston [1^st], delivered June 29, 2000).

On April 1, 2009, this Court remanded this application to the trial court for findings of fact and conclusions of law. On June 29, 2009, the trial court made findings of fact and conclusions of law that were based on an affidavit from 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.

Filed: August 26, 2009

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