Davis, Ex Parte Andre

• Court: Court of Criminal Appeals of Texas
• Decided: June 13, 2007
• Docket: AP-75,701
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,701 EX PARTE ANDRE DAVIS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. CR-25051-A IN THE 159^TH JUDICIAL DISTRICT COURT

FROM ANGELINA 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 pleaded guilty to two counts of aggravated robbery, and was sentenced to twenty-six years' imprisonment. He did not appeal his conviction.

Applicant contends that his plea was involuntary because he understood that it was part of the plea agreement that this sentence would run concurrently with his fifteen-year federal sentence. Trial counsel filed an affidavit with the trial court. Based on that affidavit, the trial court determined that Applicant pleaded guilty with the understanding that this sentence would run concurrently with a federal sentence. However, although Applicant was sentenced in federal court before entering his plea in state court, The Bureau of Prisons will not take custody of Applicant until he has discharged his state 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. 25051-A in the 159th Judicial District Court of Angelina County is set aside, and Applicant is remanded to the custody of the Sheriff of Angelina 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 Parole Division.

Delivered: June 13, 2007

Do Not Publish