Blue, Ex Parte Lawrence Edward

• Court: Court of Criminal Appeals of Texas
• Decided: September 27, 2006
• Docket: AP-75,518
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,518 EX PARTE LAWRENCE EDWARD BLUE Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 28714272 IN THE 272nd DISTRICT COURT

FROM BRAZOS 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 was convicted of unlawful possession of a firearm by a felon and sentenced to thirteen years' imprisonment. The First District Court of Appeals affirmed his conviction. Blue v. State, No. 01-02-00552 (Tex. App.-Houston [1^st Dist.] delivered October 16, 2003, no pet.).

Applicant contends that his plea was involuntary due to the ineffective assistance of his counsel. Specifically, the Applicant contends that his plea was involuntary because counsel failed to inform the Applicant of a plea bargain offer made by the State.

The trial court held a live evidentiary hearing to consider the merit of Applicant's claim. Based on the record from the hearing, the trial court determined that Applicant's plea was rendered involuntary due to the ineffective assistance of his counsel. 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. 287114272 in the 272nd Judicial District Court of Brazos County is set aside, and Applicant is remanded to the custody of the Sheriff of Brazos County 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: September 27, 2006

Do Not Publish