IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-56,127-02

EX PARTE VINCENT EUGENE TURNER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 38,377-A IN THE 30^TH DISTRICT COURT

FROM WICHITA 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault and sentenced to life imprisonment.

On August 19, 2009, this Court remanded this application to the trial court for findings of fact and conclusions of law. On November 17, 2009, 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 allegation made by Applicant. We adopt the trial court's findings and conclusions of law, except for the trial court's reliance on Ex parte Chandler, 182 S.W.3d 350, 360 (Tex. Crim. App. 2005) as an alternative basis for denial. Jordan v. State, 256 S.W.3d 286 (Tex. Crim. App. 2008). Based upon the trial court's findings and conclusions and our own review, we deny relief.

Filed: February 10, 2010

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