Cavazos, Enrique

• Court: Court of Criminal Appeals of Texas
• Decided: September 16, 2009
• Docket: WR-71,874-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,874-03 EX PARTE ENRIQUE CAVAZOS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. CR-1068-04-F IN THE 332ND DISTRICT COURT

FROM HIDALGO COUNTY

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 four counts of aggravated robbery and one count of evading arrest. He was sentenced to imprisonment for four terms of thirty years and one term of two years. The Thirteenth Court of Appeals affirmed his convictions. Cavazos v. State, No. 13-04-00325-CR (Tex. App.-Corpus Christi, Aug. 30, 2007, pet. ref'd).

Applicant contends, among other things, that the indictment was defective, the trial court erred, counsel rendered ineffective assistance, jurors were biased, and the jury charge was erroneous. He also contends that the cumulative effect of these errors was harmful. The trial court made findings of fact and conclusions of law and recommended that we deny relief. We agree that Applicant's claims are without merit and should be denied. We do not agree, however, with the trial court's conclusion that Applicant's ineffective assistance of counsel claims should have been raised on direct appeal. It is well settled that ineffective assistance of counsel claims should usually not be raised on direct appeal because the record is often undeveloped. Thompson v. State, 9 S.W.3d 808, 813 (Tex. Crim. App. 1999); Goodspeed v. State, 187 S.W.3d 390, 392 (Tex. Crim. App. 2005).

Relief is denied.

Filed: September 16, 2009

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