Court of Criminal Appeals of Texas, 2011

Uribe, Humberto

Uribe, Humberto
Court of Criminal Appeals of Texas · Decided November 9, 2011

Uribe, Humberto

Opinion

















IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NOS. WR-63,222-07 & -08


EX PARTE HUMBERTO URIBE, Applicant



ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. 866472 & 889123 IN THE 262ND DISTRICT COURT

FROM HARRIS COUNTY


Per curiam.

O R D E R



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 these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of aggravated sexual assault and sentenced to imprisonment for seventy-five years and one day on each count. The Fourteenth Court of Appeals affirmed his convictions. Uribe v. State, Nos. 14-02-00097-CR & 14-02-00098-CR (Tex. App.-Houston [14th Dist.], pet. ref'd).

Applicant contends that he is actually innocent, that he was denied due process and a fair and impartial jury, and that the indictments are defective. On April 6, 2011, we remanded these applications and directed the trial court to hold a live evidentiary hearing and make findings of fact and conclusions of law on Applicant's actual innocence claim. After holding a hearing, the trial court made findings and concluded that Applicant had not established that he is actually innocent. It recommended that we deny this claim. We agree that Applicant's claim is without merit. Accordingly, it is denied. His remaining claims are dismissed. Tex. Code Crim. Proc. art. 11.07, § 4.

Filed: November 9, 2011

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