Smith, Glenn Floyd ( 2006 )


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  •   IN THE COURT OF CRIMINAL APPEALS

    OF TEXAS




    NOS. WR-53,145-09, -10, -11, -12


    EX PARTE GLENN FLOYD SMITH, Applicant



    ON APPLICATIONS FOR WRIT OF HABEAS CORPUS

    CAUSE NOS. 97-CR-0080, 98-CR-0037, 98-CR-0525 & 98-CR-0748

    IN THE 10TH DISTRICT COURT

    GALVESTON COUNTY


       Per curiam.



      O R D E R  



         These are applications for a writ of habeas corpus that were transmitted to this Court pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of four counts of aggravated sexual assault of a child and sentenced to confinement for eighteen years for each count. Applicant's convictions were affirmed on appeal. Smith v. State, Nos. 14-98-01106-CR, 14-98-01107-CR, 14-98-01108-CR & 14-98-01109-CR (Tex. App.-Houston [14th Dist.], delivered November 2, 2000, pet. ref'd).

    Applicant contends in four separate grounds that the State destroyed biological evidence, that the State failed to disclose evidence, that the trial court improperly denied Applicant's motions for Chapter 64 DNA testing, and that counsel was ineffective in a Chapter 64 appeal.   

    After a review of the record, we find that Applicant's first and second grounds are without merit. They are denied. Applicant's third and fourth grounds are dismissed. Claims involving a Chapter 64 DNA proceeding are not cognizable in an application for a writ of habeas corpus. Ex parte Baker, 2006 Tex. Crim. App. LEXIS 302 (Tex. Crim. App. 2006).

    Accordingly, Applicant's first and second grounds are denied, and his third and fourth grounds are dismissed.

    IT IS SO ORDERED THIS THE 12TH DAY OF APRIL, 2006.



      DO NOT PUBLISH

Document Info

Docket Number: WR-53,145-09

Filed Date: 4/12/2006

Precedential Status: Precedential

Modified Date: 9/15/2015