Cun-Lara v. State

Opinion of the Court by

REIFURTH, J.

Petitioner-Appellant Isidro Oswaldo Cun-Lara (“Cun-Lara”) appeals from the Findings of Fact; Conclusions of Law; Order Denying Petitioner Isidro Oswaldo Cun-Lara’s Rule 40, HRPP Petition for Post-Conviction Relief filed in the Circuit Court of the Fifth Circuit (“Circuit Court”) on May 4, 2010.1 The Circuit Court held that Cun-Lara’s November 9, 2009 Petition to Vacate, Set Aside, or Correct Judgment (“Petition”) failed to raise any colorable claims and denied the petition without a hearing.

On appeal, Cun-Lara argues that the Circuit Court erred in…