Escareno, Jose AKA Escareno, Jose Luis Jr. ( 2011 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-74,498-01

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EX PARTE JOSE LUIS ESCARENO, JR., Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 806507-A IN THE 182ND DISTRICT COURT FROM HARRIS COUNTY

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   Per curiam.

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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of capital murder and sentenced to life imprisonment.

Applicant contends in his application that he was denied his right to due process, that he was denied his right to effective assistance of counsel at trial and on appeal, and that the convicting court committed error during the trial. The trial court has entered findings of fact and conclusions of law and recommends that relief be denied.    

After an independent review of the record provided to this Court, we agree with the trial court's recommendation. Relief on Applicant's claims should be denied. The trial court's findings of fact are supported by the record and are adopted by this Court as our own. We note, however, that Applicant's jury charge claim is not procedurally barred as stated in Conclusion Number 2. Rather, as this Court has stated, an error in the jury charge is considered properly raised on habeas, and the standard of review on such a claim is whether the ailing instruction so infected the entire trial that the resulting conviction violates due process. Ex parte Coleman, 599 S.W.2d 305, 306 (Tex. Crim. App. 1978).

RELIEF DENIED.  

Delivered: May 4, 2011

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