Hurtt, Ex Parte Paul Quinten

• Court: Court of Criminal Appeals of Texas
• Decided: August 31, 2005
• Docket: AP-75,222
• Status: Published

Opinion

      IN THE COURT OF CRIMINAL APPEALS

                  OF TEXAS

                                                                NO. AP-75,222

                                  EX PARTE PAUL QUINTEN HURTT, Applicant

                          ON APPLICATION FOR A WRIT OF HABEAS CORPUS

               CAUSE NO. A-04-0113-S IN THE 51^ST JUDICIAL DISTRICT COURT

                                                 FROM TOM GREEN COUNTY

            Per curiam.

                                                                  O P I N I O N

            This is a post-conviction application for writ of habeas corpus filed pursuant to Article 11.07, TEX.CODE CRIM.PROC.  Applicant was convicted of delivery of more than one gram of cocaine in a drug-free zone.  Punishment was assessed at five years imprisonment.  No appeal was taken from this conviction.

            Applicant contends that his guilty plea was not knowingly entered.  The trial court has entered findings that Applicant entered his plea pursuant to an indictment which did not allege facts which would constitute commission in a drug-free zone, and Applicant was not advised that the facts alleged did not constitute commission of such offense.  The trial court concludes Applicant’s plea was not knowingly entered, and we agree.

            Relief is granted.  The judgment in count two, cause number A-04-0113-S, in the 51^st Judicial District Court of Tom Green County is set aside, and Applicant is remanded to answer the charge against him.

            Copies of this opinion shall be sent to the Texas Department of Criminal Justice, correctional institutions and parole divisions.

DELIVERED: August 31, 2005

DO NOT PUBLISH