EX PARTE KORY NICHOLAS OTTESON v. << (2026)

OPINION

Applicant was convicted of possession of a controlled substance (drug free zone) and tampering with evidence, and sentenced to five years’ imprisonment. Applicant did not file a direct appeal. Applicant filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See Tex. Code Crim. Proc. art. 11.07.

Applicant contends that his pleas were involuntary because trial counsel erroneously advised him that, if he pled guilty, he would be eligible for parole about seven months after sentencing ¹ . Based on the record, the trial court has determined that trial counsel made a misstatement concerning parole and that Applicant would have insisted on a trial but for counsel's erroneous advice.

Relief is granted. Ex parte Moussazadeh, 361 S.W.3d 684, 690 (Tex. Crim. App. 2012). The judgment in cause numbers 2020-0644 and 2020-0645 in the 217th District Court of Angelina County are set aside, and Applicant is remanded to the custody of the Sheriff of Angelina County to answer the charges as set out in the indictments. The trial court shall issue any necessary bench warrant within ten days from the date of this Court's mandate.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional Institutions Division and the Board of Pardons and Paroles.

FOOTNOTES

1.   This is when taking into consideration the pre-sentence jail time credit earned to the date of sentencing.

Per curiam.