Sheid, Ex Parte David Michael

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,714 EX PARTE DAVID MICHAEL SHEID, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 30,049 IN THE 90^TH JUDICIAL DISTRICT COURT

FROM STEPHENS 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 this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of manufacture of a controlled substance and sentenced to twenty-five (25) years' imprisonment. He did not appeal his conviction.

Applicant contends that his plea was rendered involuntary because the plea agreement cannot be followed. Pursuant to a remand order, the District Attorney of Stephens County submitted an affidavit verifying that applicant pled guilty pursuant to an agreement that this sentence would run concurrently with Applicant's federal sentences. The record shows that Applicant's federal sentences are set to commence after this one expires. Applicant is entitled to relief. Ex parte Huerta, 692 S.W.2d 681 (Tex.Cr.App. 1985).

Relief is granted. The judgment in cause number 30,049 in the 90th Judicial District Court of Stephens County is set aside and Applicant remanded to the Sheriff of Stephens County to answer the charge against him.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Institutional and Pardons and Paroles Divisions.

Delivered: June 20, 2007

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