Burns, Andrew J

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-69,222-03

EX PARTE ANDREW JACKSON BURNS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 914428 IN THE 351ST DISTRICT COURT

FROM HARRIS COUNTY

Cochran, J., filed a concurring statement in which Keller, P.J., and Hervey and Alcala, JJ., joined.

I join the Court's order denying applicant habeas relief on his ineffective assistance of counsel claim. I do not think that applicant's trial counsel was deficient in failing to ask for a jury instruction on mistake of fact concerning the kidnapping victim's age, nor do I believe that applicant…