IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-76,001-01

EX PARTE SAMMIE OKEITH BROWN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 08F0319-202

IN THE 202^ND DISTRICT COURT FROM BOWIE 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 pleaded guilty and was convicted of aggravated assault. He was sentenced to forty years' imprisonment.

Applicant alleges that his sentence was outside the punishment range and that his counsel was ineffective. On June 1, 2011, the trial court signed findings of fact and conclusions of law that recommend that this Court grant Applicant an out-of-time appeal. The certification of right to appeal, signed by both Applicant and his counsel, states that this is a plea bargain case and Applicant had no right to appeal.

Based on this Court's independent review of the entire record, we deny relief.

Filed: August 24, 2011

Do not publish