IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-74,713-01

EX PARTE MICHAEL SHANE NOBLES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 241-1728-05-A IN THE 241ST JUDICIAL DISTRICT COURT

FROM SMITH COUNTY

           Per curiam.

O R D E R

            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 entered an open plea of guilty to aggravated assault with a deadly weapon, enhanced with a prior conviction, and was sentenced to fifty years’ imprisonment. The Tenth Court of Appeals affirmed his conviction. Nobles v. State, No. 10-06-00153-CR (Tex. App. - Waco, August 1, 2007, pet. ref’d).

            On, September 17, 2010, 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 and conclusions of law, except for findings #6(e) and 6(f). Based upon the trial court's findings and conclusions and our own review, we deny relief.

Filed: October 13, 2010

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