IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-72,123-01

EX PARTE KIP LEE BENTON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. C9901CR/A IN THE 40^TH JUDICIAL DISTRICT COURT

FROM ELLIS 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts aggravated sexual assault of a disabled individual, and sentenced to sixty years' imprisonment for each count, to be served consecutively.

Applicant alleges that he received ineffective assistance of trial counsel. The trial court made findings of fact and conclusions of law, recommending that relief be denied. This Court has reviewed the record with respect to the allegations made by Applicant. We adopt the trial court's findings of fact and conclusions of law, except for finding of fact #4. Based upon the trial court's findings and conclusions and our own review, we deny relief.

It is so ordered on this the 24th day of June, 2009.

Do not publish