IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-76,724-01

EX PARTE GABRIEL MERCADO GARZA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 00-CRF-581-A IN THE 105^TH JUDICIAL DISTRICT COURT

FROM KLEBERG 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 pleaded guilty to possession of marihuana, and was originally sentenced to ten years, probated. His community supervision was later revoked, and he was sentenced to four years' imprisonment.

On March 3, 2011, 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 conclusion #2. Based upon the trial court's findings and conclusions and our own review, we deny relief.

Filed: December 7, 2011

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