Johnson, Michael Lynn

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NOS. WR-74,265-01 & -02

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EX PARTE MICHAEL LYNN JOHNSON, Applicant

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ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. 89-F-201 & 89-F-215 IN THE 5TH DISTRICT COURT

FROM CASS 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 these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of sexual assault and robbery and sentenced to life imprisonment in each cause. He did not appeal his convictions.

            Applicant contends, among other things, that his trial counsel rendered ineffective assistance because he advised Applicant to plead guilty and agree to the maximum punishment in these causes. On August 25, 2010, we remanded these applications and directed the trial court to make findings of fact and conclusions of law. On remand, the trial court found, among other things, that Applicant pleaded guilty to the “charged offenses” and that the “charges” were enhanced to first degree felonies because of prior convictions. We decline to adopt these findings. Based on the trial court’s other findings and our own independent review of the record, we conclude that Applicant is not entitled to relief. Accordingly, these applications are denied.

Filed: December 15, 2010

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