Carothers, Samuel

• Court: Court of Criminal Appeals of Texas
• Decided: July 26, 2023
• Docket: WR-94,948-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NOS. WR-94,948-01 WR-94,948-02

EX PARTE SAMUEL CAROTHERS, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. D-1-DC-20-300071 & D-1-DC-21-301198 IN THE 147TH DISTRICT COURT FROM TRAVIS COUNTY

Per curiam.

OPINION

Applicant was convicted of two offenses of assault and sentenced to five years’ imprisonment

in each case. Applicant filed these applications for writs of habeas corpus in the county of

conviction, and the district clerk forwarded them to this Court. See TEX . CODE CRIM . PROC. art.

11.07.

Applicant contends that his guilty pleas were involuntary because the plea agreements were

conditioned on his state and federal sentences running concurrently. Based on the record, the trial

court has determined that Applicant is not receiving credit on his federal sentence and that his plea

agreements were conditioned on his state and federal sentences running concurrently. 2

Relief is granted. Ex parte Huerta, 692 S.W.2d 681 (Tex. Crim. App. 1985). The judgments

in cause numbers D-1-DC-20-00071 and D-1-DC-21-301198 in the 147th District Court of Harris

County are set aside, and Applicant is remanded to the custody of the Sheriff of Harris County to

answer the charges as set out in the indictments. The trial court shall issue any necessary bench

warrants after the date of this Court’s mandates.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and the Board of Pardons and Paroles.

Delivered: July 26, 2023 Do not publish