Bell, Ex Parte Melvin Cornelius

• Court: Court of Criminal Appeals of Texas
• Decided: May 3, 2006
• Docket: AP-75,394
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,394 EX PARTE MELVIN CORNELIUS BELL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 88441-A IN THE CRIMINAL DISTRICT COURT

JEFFERSON COUNTY

Per Curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the felony offense of evading detention, and punishment was assessed at ten years imprisonment. Applicant appealed, and his conviction was affirmed. Bell v. State, No. 09-04-00012-CR (Tex. App. -- Beaumont, delivered January 22, 2004, no pet.).

Applicant contends that his plea of guilty was rendered involuntary due to the ineffective assistance of his counsel. The record reflects that counsel erroneously informed Applicant that, in exchange for his plea of guilty, this sentence would run concurrently with another sentence. The Applicant is entitled to relief.

The judgment in cause number 88441-A in the Criminal District Court of Jefferson County is vacated, and the Applicant is remanded to the custody of the Sheriff of Jefferson County to answer the charges set out in the indictment.

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

DELIVERED: May 3, 2006

DO NOT PUBLISH