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 attempted aggravated sexual assault of a child and sentenced to ten years' imprisonment. The Ninth Court of Appeals affirmed his conviction. Mitchell v. State, No. 09-10-00058-CR (Tex. App.-Beaumont Dec. 15, 2010, no pet.).

Applicant contends that no evidence shows he is guilty of attempted aggravated sexual assault of a child. In an order submitted with the original record, the trial court made findings of fact and conclusions of law and recommended we deny relief. In an amended order, the trial court did not change its recommendation to deny but requested that we disregard findings seven and eight in its original findings and conclusions. We agree with the trial court's recommendation and adopt findings one through six in its original order. Relief is denied.

Filed: February 15, 2012

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