Headrick, Ex Parte James Lee

• Court: Court of Criminal Appeals of Texas
• Decided: November 22, 2006
• Docket: AP-75,558
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-75,556; AP-75,557; AP-75,558; AP75,559; AP-75,560 EX PARTE JAMES LEE HEADRICK, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. W00-21098-I(A), W00-21088-I(A),W01-40537-I(A),

W00-21056-I(A) & W01-40536-I(A) IN CRIMINAL DISTRICT COURT NO. 2

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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to two counts of possession of a firearm by a felon, two counts of possession with intent to deliver methamphetamine, and one count of possession of anhydrous ammonia. He was sentenced to imprisonment for five concurrent terms of fifteen years. He did not appeal his convictions.

Applicant contends that his pleas were involuntary because the plea agreements cannot be followed. The trial court determined that Applicant pleaded guilty pursuant to agreements that his sentences would run concurrently with a federal sentence. The federal judgment requires the federal sentence to begin when Applicant's state sentences expire. Applicant is entitled to relief. Ex parte Huerta, 692 S.W.2d 681 (Tex. Crim. App. 1985).

Accordingly, relief is granted. The judgments in cause numbers F-0021098-SI, F-0021088-NI, F-0140537-HI, F-0021056-LI, and F-0140536-HI in Criminal District Court No. 2 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 Pardons and Paroles Division.

Delivered: November 22, 2006

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