Barnes, Ex Parte Hardis Latril

• Court: Court of Criminal Appeals of Texas
• Decided: November 15, 2006
• Docket: AP-75,543
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,543 EX PARTE HARDIS LATRIL BARNES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 33,458-A IN THE 188^TH JUDICIAL DISTRICT COURT

FROM GREGG COUNTY

Per curiam.

O P I N I O N

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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to the offense of bail jumping and was sentenced to twenty years' imprisonment. He did not appeal his conviction.

Applicant contends that his plea was involuntary because he pleaded guilty in exchange for a sentence that exceeded the statutory maximum for the offense. Although the State alleged that Applicant pleaded true to two enhancement paragraphs, there was nothing in the record to support this allegation. We remanded this application to the trial court for findings of fact and conclusions of law.

The trial court determined that Applicant did not receive notice of enhancement allegations in this particular cause, and that he did not plead true to any enhancement allegations. Therefore, the trial court concludes that Applicant's sentence is illegal. 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. 33,458-A in the 188^th Judicial District Court of Gregg County is set aside, and Applicant is remanded to the trial court to answer the charge against him.

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

Delivered: November 15, 2006

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