Andika, Eric Gachucha

• Court: Court of Criminal Appeals of Texas
• Decided: August 25, 2010
• Docket: WR-64,876-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-64,876-02

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EX PARTE ERIC GACHUCHA ANDIKA, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 29543 IN THE 13TH DISTRICT COURT

FROM NAVARRO COUNTY

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           Per curiam.

O R D E R

            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 escape and sentenced to forty-five years’ imprisonment. The Tenth Court of Appeals affirmed his conviction. Andika v. State, No. 10-04-00278-CR (Tex. App.–Waco 2005, no pet.).

            Applicant contends that his punishment was improperly enhanced, that there is insufficient evidence that he is a habitual offender, Tex. Pen. Code § 12.42(d), and that trial counsel rendered ineffective assistance. The trial court made findings of fact and concluded that counsel was not ineffective. It also concluded that Applicant’s other grounds are procedurally barred. Tex. Code Crim. Proc. art. 11.07, § 4. On June 28, 2006, in response to a motion to dismiss filed by Applicant, we dismissed the -01 application. This was not a “final disposition” related to the merits that triggered § 4. Ex parte Torres, 943 S.W.2d 469, 474 (Tex. Crim. App. 1997); Ex parte Santana, 227 S.W.3d 700, 703 (Tex. Crim. App. 2007). Accordingly, Applicant’s other grounds are not procedurally barred under § 4. But based on our own independent review of the record, we conclude that they are without merit. Relief is denied.

Filed: August 25, 2010

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