IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-70,744-01

EX PARTE MARY KATHRYN WEAVER SCOTT, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2004F00261

IN THE 5^TH DISTRICT COURT FROM CASS COUNTY

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 murder and sentenced to sixty years' imprisonment. The Sixth Court of Appeals upheld her conviction. Scott v. State, No. 06-05-246-CR (Tex. App.-Texarkana, delivered April 20, 2007), pet. ref'd.

On October 29, 2008, this Court remanded this application to the trial court for findings of fact and conclusions of law. On January 5, 2009, the trial court made findings of fact and conclusions of law that were based on a response 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: February 4, 2009

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