Ex Parte Lucas

OPINION

TOM G. DAVIS, Judge.

This is an application for writ of habeas corpus pursuant to Art. 11.07, V.A.C.C.P.

In 1977, petitioner pleaded guilty to aggravated robbery. V.T.C.A. Penal Code, Sec. 29.03. Punishment was set at 45 years.

The judge of the trial court made findings of fact and conclusions of law supporting his recommendation that relief should be granted. This Court, however, is not bound by such findings or conclusions of law. Ex parte Hagans, 558 S.W.2d 457, and cases cited therein.

Petitioner contends that the indictment is fundamentally defective in that it fails to describe the…