IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,380

EX PARTE GEORGY F. MUSHNIKOV, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1038237 IN THE 177^TH DISTRICT COURT

FROM HARRIS COUNTY

           Per curiam.

O P I N I O N

            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 aggravated assault and sentenced to three years’ imprisonment. He did not appeal his conviction.

            Applicant contends that his trial counsel rendered ineffective assistance for failing to investigate and interview witnesses.

            The trial court has determined that trial counsel was ineffective and that such ineffective representation prejudiced applicant. We agree. We find, therefore, that applicant is entitled to relief from the judgment of conviction in Case No. 1038237 from the 177th Judicial District Court of Harris County. Relief is granted. The judgment in Cause No. 1038237 in the 177^th Judicial District Court of Harris County is therefore set aside.

Delivered: July 30, 2010

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