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Ex Parte Cheecko Gilbert,

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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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated assault and sentenced to forty years’ imprisonment. The Fifth Court of Appeals affirmed his conviction. Gilbert v. State, No. 05-08-00482-CR (Tex. App.–Dallas, delivered February 17, 2009).

This case was previously remanded to determine the merits of Applicant’s claims of ineffective assistance of counsel. The trial court responded timely to this Court’s remand order and entered findings of fact and conclusions of law. However, during the pendency of this Court’s remand order, Applicant filed three additional claims in three separate amended habeas corpus applications. In one of the amended applications, Applicant contends that he is actually innocent and offers a notarized affidavit from the victim, Victor Limas, stating that the aggravated assault in this case was accidental. Specifically, the affidavit states that Applicant accidentally stabbed Limas and Limas regrets testifying to the contrary.

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