Sherman, Dewayne Lesley

• Court: Court of Criminal Appeals of Texas
• Decided: October 8, 2008
• Docket: WR-70,672-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-70,672-01 & WR-70,672-02

EX PARTE DEWAYNE LESLEY SHERMAN, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NO. 29,231F-85 IN THE 85^TH DISTRICT COURT

FROM BRAZOS COUNTY

Per curiam.

O R D E R

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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty and was convicted of aggravated sexual assault, sentenced to twenty-two years' imprisonment, and indecency with a child, sentenced to twenty years' imprisonment.

Applicant alleges ineffective assistance of counsel and involuntary plea. The trial court recommended granting relief on the basis of an involuntary plea. In order to obtain relief on a claim of an involuntary plea, an Applicant must allege and show that he would not have pleaded guilty had he been given the correct information. Brown v. State, 943 S.W.2d 35, 36, 42 (Tex. Crim. App. 1997). Applicant does not allege or show that he would not have pleaded guilty had the trial court correctly named the offense in this case.

Based on this Court's independent review of the entire record, we deny relief.

Filed: October 8, 2008

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