IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-75,874-01

EX PARTE FRANCIS J. LEARY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2006CR8968-W1 IN THE 399^TH JUDICIAL DISTRICT COURT

FROM BEXAR 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 nolo contendere to aggravated robbery, and was sentenced to forty years' imprisonment.

On October 12, 2010, the trial court made findings of fact and conclusions of law, recommending that relief be denied.

The trial court's findings did not fully address all fact issues which we remanded for resolution. Nonetheless, this Court has undertaken an independent review of all the evidence in the record. Therefore, based on the trial court's findings of fact and conclusions of law as well as this Court's independent review of the entire record, we deny relief.

Filed: June 15, 2011

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