Collins, Ex Parte Benny Lavern

• Court: Court of Criminal Appeals of Texas
• Decided: February 28, 2007
• Docket: AP-75,619
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-75,619; AP-75,620; AP-75,621; AP-75,622; AP-75,623

EX PARTE BENNY LAVERN COLLINS, Applicant

ON APPLICATIONS FOR WRIT OF HABEAS CORPUS

CAUSE NOS. W91-44763-L(A), W91-44764-L(A),

W91-44829-L(A), W97-19561-L(A), & W98-19367-L(A)

IN THE CRIMINAL DISTRICT COURT #5

FROM DALLAS 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 these applications for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967) Applicant was convicted of two counts of sexual assault and three counts of aggravated robbery. Punishment was assessed at confinement for twenty years. Applicant did not appeal these convictions.

Applicant contends that his pleas were involuntary because the plea agreement cannot be followed. We twice remanded these applications to the trial court for findings of fact and conclusions of law. The trial court determined that Applicant pled guilty pursuant to an agreement that these sentences would run concurrently with all of his other sentences, including a federal sentence, but that his federal sentence will not begin until the Texas sentences expire. Applicant is entitled to relief. Ex parte Huerta, 692 S.W.2d 681 (Tex. Crim. App. 1985).

Relief is granted. The judgments in Cause Nos. F91-44763-L, F91-44764-L, F91-44829-L, F97-19561-L, & F98-19367-L, in the Criminal District Court No. 5 of Dallas County are set aside, and Applicant is remanded to the custody of the Sheriff of Dallas County to answer the charges against him.

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

Delivered: February 28, 2007.

Do Not Publish