Channel, Ex Parte Jason Lynn

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-76,496

EX PARTE JASON LYNN CHANNEL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F1017526-A IN THE 145 TH DISTRICT COURT FROM NACOGDOCHES COUNTY

Per curiam.

OPINION

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 aggravated

assault and sentenced to ten years’ imprisonment. He did not appeal his conviction.

Applicant contends that his plea was involuntary because the plea agreement cannot be

followed.

Trial counsel and the prosecutor both filed affidavits with the trial court. Based on those

affidavits, the trial court determined that applicant plead guilty pursuant to an agreement that he 2

would be considered for shock probation if he did not have any behavior problems while

incarcerated. This agreement is unenforceable due to Applicant’s previous prison sentence.

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. F1017526-A in the 145th Judicial District

Court of Nacogdoches County is set aside, and applicant is remanded to the custody of the Sheriff

of Nacogdoches 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Delivered: February 9, 2011 Do Not Publish