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Court of Criminal Appeals of Texas.


NO. WR-86,066-01

Decided: April 05, 2017


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 engaging in organized crime and sentenced to six years' imprisonment. He did not appeal his conviction.

Applicant contends that his guilty plea was involuntary. We remanded this application to the trial court for findings of fact and conclusions of law. Trial counsel filed an affidavit with the trial court.

Based on that affidavit, the trial court determined that Applicant pled guilty pursuant to an agreement that this sentence would run concurrently with a federal sentence. The federal judgment, however, requires the federal sentence to begin when the state sentence expires. Applicant is entitled to relief. Ex parte Huerta, 692 S.W.2d 681 (Tex. Crim. App. 1985).

Relief is granted. The judgment in Cause No. 12-2169-CR-A in the 25th District Court of Guadalupe County is set aside, and Applicant is remanded to the custody of the Sheriff of Guadalupe County to answer the charges as set out in the indictment. The trial court shall issue any necessary bench warrant within 10 days after the mandate of this Court issues.

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

Per curiam.

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