Sheid, David Michael

• Court: Court of Criminal Appeals of Texas
• Decided: March 29, 2006
• Docket: WR-63,130-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-63,130-01 EX PARTE DAVID MICHAEL SHEID, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM CAUSE NO. 15239 IN THE 43^RD JUDICIAL DISTRICT COURT

OF PARKER COUNTY

Per curiam.

O R D E R

This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07 of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to the felony offense of manufacture of a controlled substance, and punishment was assessed at twenty-five years' confinement. No direct appeal was taken.

Applicant contends that his plea was not knowingly and voluntarily entered because the plea was conditioned on this sentence being run concurrently with Applicant's federal sentence. This Court remanded to the trial court to determine whether concurrent sentencing was indeed an express term of the plea agreement. The trial court has entered findings of fact and conclusions of law, finding that it was an express term of the plea agreement that this sentence run concurrently with Applicant's federal sentence.

On January 8, 2006 Applicant filed a "corrected clarification of relief requested," indicating that he did not want to withdraw his plea, and arguing that he was entitled to specific performance of the plea agreement. However, specific performance cannot be granted in this case. This Court can only afford Applicant the opportunity to withdraw the plea and face the charges against him. Because the type of relief that Applicant requests cannot be provided, we construe Applicant's "corrected clarification of relief requested" as a motion to withdraw his writ application. Applicant's writ is therefore dismissed without prejudice.

IT IS SO ORDERED this the 29^th day of March.

DO NOT PUBLISH