Riggan, Ex Parte Dayle Payton

• Court: Court of Criminal Appeals of Texas
• Decided: August 31, 2005
• Docket: AP-75,227
• Status: Published

Opinion

      IN THE COURT OF CRIMINAL APPEALS

                  OF TEXAS

                                                                NO. AP-75,227

                                EX PARTE DAYLE PAYTON RIGGAN, Applicant

                          ON APPLICATION FOR A WRIT OF HABEAS CORPUS

              CAUSE NO. 15,885-B IN THE 181^st JUDICIAL DISTRICT COURT

                                                           RANDALL 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 tex. code crim. proc. art. 11.07.  Applicant was convicted of possession of a controlled substance.  Punishment was assessed at imprisonment for seven years.  No appeal was taken from this conviction.           

            Applicant contends that his plea of guilty in this cause was involuntary.  Specifically, the Applicant contends that, as part of the plea negotiations, he was erroneously promised time credit for an approximately one year long period he spent incarcerated prior to the date he committed this offense.

            The State has filed a response, supported by the record, stating that Applicant's plea was rendered involuntary as a result of the representation regarding this time credit which could not be fulfilled.   Applicant is entitled to relief. 

            Relief is granted.  The judgment in cause number 15,885-B in the 181st Judicial District Court of Randall County is vacated, and the Applicant is remanded to the custody of the Sheriff of Randall County to answer the charges as set out in the indictment.

            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DO NOT PUBLISH