Jackson, Ex Parte Tommy Wayne

• Court: Court of Criminal Appeals of Texas
• Decided: March 1, 2006
• Docket: AP-75,351
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,351 EX PARTE TOMMY WAYNE JACKSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 14715 IN THE 2ND JUDICIAL DISTRICT COURT

IN CHEROKEE COUNTY

Per curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, TEX. CODE CRIM. PROC. Applicant was convicted of manufacture of more than one gram of methamphetamine and punishment was assessed at imprisonment for thirty years. This conviction was affirmed on appeal. Jackson v. State, No. 12-03-145-CR (Tex. App. - Tyler 2004, no pet.)

Applicant contends that his sentence is void because it exceeds the statutory maximum for this offense. The trial court has entered findings that Applicant was convicted of manufacturing between one and four grams of methamphetamine, that the jury was incorrectly instructed that the punishment range was from five to 99 years or life in prison, and that no prior convictions were alleged for enhancement. This offense is a second degree felony with a maximum authorized punishment of twenty years, so the sentence is unauthorized, and Applicant is entitled to relief. Ex parte Beck, 922 S.W.2d 181 (Tex. Crim. App. 1996).

Relief is granted. The sentence in count two of cause number 14715 in the 2^nd Judicial District Court of Cherokee County is vacated. That portion of the cause is remanded to the trial court for a new assessment of punishment. Article 44.29(b), TEX. CODE CRIM. PROC.

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

DELIVERED: March 1, 2006

DO NOT PUBLISH