Baxter, Ex Parte Shannon Lee

• Court: Court of Criminal Appeals of Texas
• Decided: September 15, 2004
• Docket: AP-75,013
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 75,013 EX PARTE SHANNON LEE BAXTER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM SAN JACINTO COUNTY

Per Curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of robbery and his punishment was assessed at eight years imprisonment. No appeal was taken from this conviction.

Applicant contends that his plea was rendered involuntary due to the ineffective assistance of his counsel. Specifically, Applicant contends that his plea was induced by an agreement that this sentence would be concurrent with his federal sentence, and his counsel was ineffective in failing to determine that this agreement could not be fulfilled. The trial court has entered findings of fact and conclusions of law, based upon the record, recommending that relief be granted. Applicant is entitled to relief. Ex parte Moody, 991 S.W.2d 856 (Tex. Crim. App. 1999).

Relief is granted. The judgment in cause number 8455-A in the 411th Judicial District Court of San Jacinto County is set aside, and Applicant remanded to the custody of the Sheriff of San Jacinto County to answer the charge against him.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Correctional Institutional, and Parole Divisions.

DELIVERED: September 15, 2004

DO NOT PUBLISH