IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-20,511-06
EX PARTE JUAN JOSEPH ROSILEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 985474-C IN THE 183 RD DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
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 writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual
assault of a child and sentenced to life imprisonment. The Fourteenth Court of Appeals affirmed his
conviction. Rosilez v. State, No. 14-06-00430-CR (Tex. App.—Houston [14th] Jan. 9, 2007).
Applicant contends that he is actually innocent, based on an alleged recantation from the
complainant, and that his counsel was ineffective. This Court remanded the application to obtain the
reporter’s record from a habeas hearing held on December 6th and 13th, 2016. Based on that hearing
and the other evidence and records in the case, the trial court recommended that the actual innocence
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claim be denied. That recommendation is supported by the record.
Based on the trial court’s findings of fact as well as this Court’s independent review of the
entire record, Applicant’s claim of actual innocence is denied. Applicant’s claim of ineffective
assistance of counsel should have been raised in his prior application, therefore that claim is
dismissed. TEX . CODE CRIM . PRO . Art. 11.07 §4.
Filed: July 26, 2017
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