IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-70,375-02

EX PARTE CHARLES FRANKIE NIETO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 4-95-95-B IN THE 114TH DISTRICT COURT

FROM SMITH COUNTY

Per curiam. ALCALA , J., not participating.

ORDER

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 murder and sentenced to imprisonment for life. After we granted Applicant an out-of-time appeal, the court of appeals reversed the judgment of conviction and remanded the case to the trial court. Nieto v. State, No. 01-09-00226-CR (Tex. App.—Houston [1st Dist.] Dec. 16, 2010) (not designated for publication). We reversed and remanded the case to the court of appeals to consider the remaining issues. Nieto v. State, 365 S.W.3d 673 (Tex. Crim. App. 2012). On remand, the court of appeals affirmed the judgment of conviction. Nieto v. State, 01-09-00226-CR (Tex. App.—Houston [1st

2 Dist.] Oct. 18, 2012) (not designated for publication).

In a single ground, Applicant contends that he was deprived of his right to have a grand jury determine whether probable cause existed to mandate a trial. We previously dismissed this application. See TEX . CODE CRIM . PROC. art. 11.07, § 4. We now reconsider that dismissal on our own motion and deny relief based on the trial court’s findings of fact and our own independent review of the record. Filed: September 12, 2018 Do not publish