Shockley, Stephen Coleman ( 2016 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-84,823-02
    EX PARTE STEPHEN COLEMAN SHOCKLEY, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. W366-82727-09-HC IN THE 366TH DISTRICT COURT
    FROM COLLIN COUNTY
    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 continuous sexual
    abuse of a child and sentenced to ninety-nine years’ imprisonment. The Fifth Court of Appeals
    affirmed his conviction. Shockley v. State, No. 05-12-01018-CR (Tex. App.—Dallas July 30, 2014).
    On September 21, 2016, this Court issued an order, remanding the instant application back
    to the 366th District Court of Collin County for an affidavit from counsel and findings of fact and
    conclusions of law from the trial court. It has now been brought to our attention that the Collin
    County District Clerk filed counsel’s affidavit and the trial court’s findings of fact and conclusions
    of law with this Court on August 4, 2016, prior to the issuance of the remand order. Therefore, the
    2
    State has filed a motion requesting reconsideration of our remand order issued on September 21,
    2016. Because this Court has already received the documents ordered, the request is granted.
    We now withdraw the order dated September 21, 2016. Based on the trial court’s findings
    of fact and conclusions of law, as well as this Court’s independent review of the record, we find that
    Applicant’s claims are without merit. Therefore, we deny relief.
    Filed: November 9, 2016
    Do not publish
    

Document Info

Docket Number: WR-84,823-02

Filed Date: 11/9/2016

Precedential Status: Precedential

Modified Date: 11/12/2016