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 murder and sentenced to fifty years' imprisonment. The First Court of Appeals affirmed his conviction. Tatro v. State, 01-01-00523-CR (Tex. App.-Houston [1^st Dist.], April 17, 2003, pet. ref'd).

Applicant contends, among other things, that trial counsel rendered ineffective assistance and that the jury charge was improper. On March 29, 2006, we remanded this application and directed the trial court to make findings of fact and conclusions of law. On remand, the trial court held a live evidentiary hearing, made findings of fact and conclusions of law, and recommended that we grant relief. On March 5, 2008, believing that the trial court's findings of fact were not fully supported by the record, we remanded this application for further findings of fact. On remand, a different trial court was assigned to this application. It made further findings of fact and recommended that we deny relief. Based on the findings of fact from the second trial court and on our own independent review of the record, we agree that Applicant is not entitled to relief. Accordingly, relief is denied.

Filed: March 11, 2009

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