Grace v. Caldwell

Undercofler, Justice.

This appeal is from the judgment of the habeas corpus court remanding the applicant to the custody of the respondent warden. Held:

1. The appellant contends that the trial court erred in his finding that: he intelligently and knowingly agreed to his attorney’s proposals waiving an appeal, that a modified sentence could legally replace an appeal, and that his attorney was not made aware of his desire to appeal.

The trial court found the following facts: "In July 1971, Mr. Grace was convicted of three counts of armed robbery in a jury trial held in the Houston Superior Court.…