IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-69,950-02

EX PARTE SAMUEL HARROL SMITH,

AKA PEE WEE SMITH, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 17,631 IN THE 75TH DISTRICT COURT

FROM LIBERTY 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 burglary of a habitation and sentenced to fifteen years' imprisonment.

On October 8, 2008 and February 25, 2009, this Court remanded this application to the trial court for findings of fact and conclusions of law. On December 3, 2008 and March 16, 2009, the trial court made findings of fact and conclusions of law that were based on affidavits submitted by Charley Valdez at TDCJ-Classification and Records. The trial court recommended that relief be denied.

The trial court's findings did not fully address all fact issues necessary to the resolution of the claims that were raised by Applicant and which we remanded for resolution. Nonetheless, this Court has undertaken an independent review of all the evidence in the record. Therefore, based on the trial court's findings of fact and conclusions of law as well as this Court's independent review of the entire record, we deny relief.

Filed: April 29, 2009

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