Ex Parte Welch

McCORMICK, Presiding Judge.

Applicant was convicted of murder and the jury assessed his punishment at twelve years’ imprisonment in the Texas Department of Criminal Justice, Institutional Division. Applicant’s conviction was affirmed on direct appeal. Welch v. State, 908 S.W.2d 258 (Tex.App.—El Paso 1995, no pet.). Applicant filed this application for habeas corpus relief pursuant to Article 11.07, Section 3, et seq., V.A.C.C.P.

Applicant contends that he was denied effective assistance of counsel during the punishment phase of his trial because trial counsel failed to file an application for…