Ex Parte Bailey

*742OPINION

ROBERTS, Judge.

The judge of the convicting court has made the following findings of fact on the applicant’s petition for habeas corpus relief from a felony conviction (V.A.C.C.P. Article 11.07, Sections 2-5):

“1. Petitioner was indicted on March 7, 1974 for Capital Murder under Section 19.03, Texas Penal Code, said offense allegedly having occurred on or about February 22, 1974;

“2. Petitioner was tried before a jury and convicted [sic] of Capital Murder on May 3, 1974;

“3. After the verdict, Petitioner’s attorneys withdrew their request to go to the jury for punishment on the agreement…