IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-72,986-01

EX PARTE VICTOR BRIAN VEGA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F-2006-1740-E

IN THE 367^TH DISTRICT COURT FROM DENTON 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 three counts of sexual assault. He was sentenced to fifteen years' imprisonment on count one and sentenced to twenty years' imprisonment on counts two and three. The sentences were ordered to run cumulatively. The Second Court of Appeals affirmed his convictions. Vega v. State, No. 02-07-0274-CR (Tex. App.-Fort Worth, delivered August 14, 2008).

On October 13, 2009, the trial court made findings of fact and conclusions of law that were based on the 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. This Court specifically does not adopt finding of fact

number one made by the trial court, which states that Applicant was convicted of aggravated

sexual assault.

Filed: January 27, 2010

Do not publish