IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER B-06-2064-0-CR-B IN THE 156^th JUDICIAL DISTRICT COURT

BEE COUNTY

O R D E R

This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of aggravated assault and his sentence was assessed at thirty years' confinement. Applicant's conviction was affirmed on direct appeal.

Pina v. State, No. 13-07-00304-CR (Tex. App.-Corpus Christi, delivered May 8, 2008, pet. ref'd).

After a review of the record, we find that Applicant's claim that his counsel was ineffective for failing to properly object to the prosecutor's improper comments on his failure to testify is without merit. Applicant's remaining claims are denied on the basis of the trial court's findings of fact.

DELIVERED: May 5, 2010

DO NOT PUBLISH