IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-70,272-01

EX PARTE ALFRED GENE DAVIS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO.6034

IN THE 39^TH DISTRICT COURT FROM HASKELL 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 possession of methadone and was sentenced to ninety-nine years' imprisonment and a ten thousand dollar fine. The Eleventh Court of Appeals affirmed his conviction. Davis v. State, No. 11-05-00115-CR (Tex. App.-Eastland, delivered December 14, 2006).

On September 24, 2008, this Court remanded this application to the trial court for findings of fact and conclusions of law. On November 20, 2008, the trial court made findings of fact and conclusions of law that were based on an affidavit from trial 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: February 4, 2009

Do not publish