Ex Parte Brown

404 S.W.2d 590

Opinions

OPINION.

MORRISON, Judge.

This is a proceeding under Article 11.07, Vernon’s Ann.C.C.P. (1965).

The Honorable Sam Hall, Sr., Judge of the 71st Judicial District Court, conducted a hearing and certified the facts to this Court. In his certificate Judge Hall recites that the statutory requirements of taking a plea of guilty were not complied with when relator entered his plea of guilty before Judge Hall in 1960.

The record supports the certificate in that it is shown that the court appointed attorney was not allowed ten days to prepare for trial, and that there was no waiver of his right accorded him by Article 494 V.A.C.C.P., which was in effect at the time of relator’s plea. Ex parte Cooper, Tex.Cr.App., 388 S.W.2d 939 and the cases there cited are authority for granting the writ.

It is ordered, therefore, that relator be released from custody by the Texas Department of Corrections and delivered into the custody of the sheriff of Harrison County to stand trial on the original indictment in Cause No. 19,429 pending in said Court.

It is so ordered.