Cherry, John C. AKA Cherry, John D.










IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NO. WR-18,442-02





EX PARTE JOHN C. CHERRY, Applicant





ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1259848-A

IN THE 351ST DISTRICT COURT FROM HARRIS 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 possession of a controlled substance and was sentenced to six years’ imprisonment.

            On September 26, 2012, this Court remanded this application to the trial court for findings of fact and conclusions of law. On June 20, 2013, the trial court signed findings of fact and conclusions of law that were based on the affidavit from trial counsel. The trial court recommended that relief be denied.

            Based on the trial court’s findings of fact as well as this Court’s independent review of the entire record, we deny relief.




Filed: July 24, 2013

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