Cathcart, Steven Duane

• Court: Court of Criminal Appeals of Texas
• Decided: May 12, 2010
• Docket: WR-32,594-04
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-32,594-04

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EX PARTE STEVEN DUANE CATHCART, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1107125 IN THE 248TH DISTRICT COURT

FROM HARRIS 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). In accordance with a plea agreement, Applicant was convicted of robbery, and sentenced to twelve years’ imprisonment. Applicant’s appeal was dismissed for lack of jurisdiction. Cathcart v. State, No. 01-07-01026-CR (Tex. App.–Houston [1^st Dist.] Dec. 11, 2008, pet. ref’d) (not designated for publication).

            Applicant alleges, inter alia, that he received ineffective assistance of counsel, that his plea was involuntary, and that his plea was “unlawfully induced.” On January 26, 2010, the trial court signed findings of fact and conclusions of law recommending that relief be denied. This Court has undertaken an independent review of all the evidence in the record. We agree that relief should be denied. Based upon the trial court’s findings of fact and conclusions of law, as well as our independent review of the record, we deny relief on all Applicant’s claims.

Filed: May 12, 2010

Do not publish