IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. F-0071089-TP IN THE 203RD DISTRICT COURT
FROM DALLAS COUNTY
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 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 aggravated sexual assault and sentenced to fifty years' imprisonment. The Fifth Court of Appeals affirmed his conviction. Moore v. State, No. 05-01-00586-CR (Tex. App.-Dallas 2002, pet. ref'd).
Applicant contends that there is no evidence of his guilt and that trial and appellate counsel rendered ineffective assistance. The trial court made findings of fact and conclusions of law and recommended that we deny relief. We agree that Applicant's claims are without merit, but we do not agree with one of the trial court's findings of fact. In finding seven, the trial court stated that Applicant's claim should be dismissed because he did not allege sufficient facts. Even though his allegations were insufficient, Applicant's claim should be denied on the merits. See generally Ex parte Torres, 943 S.W.2d 469, 472 (Tex. Crim. App. 1997) ("In our writ jurisprudence, a 'denial' signifies that we addressed and rejected the merits of a particular claim while a 'dismissal' means that we declined to consider the claim for reasons unrelated to the claim's merits"). Relief is denied.
October 21, 2009
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