McKinley, Donald Edward ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,779-03
EX PARTE DONALD EDWARD MCKINLEY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. B-41,729 IN THE 161ST DISTRICT COURT
FROM ECTOR 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 a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of burglary of a
habitation and sentenced to fifty years’ imprisonment. The Eleventh Court of Appeals affirmed his
conviction. McKinley v. State, No. 11-15-00051-CR (Tex. App.—Eastland Mar. 16, 2017) (not
designated for publication).
Applicant contends that counsel was ineffective and there was insufficient admissible
evidence for a conviction. After a remand, the trial court has entered findings of fact addressing
Applicant’s claim that counsel improperly conceded guilt in closing arguments.
2
Based on the trial court’s findings of fact and this Court’s independent review of the record,
we deny relief.
Filed: November 20, 2019
Do not publish