Siemer, Ex Parte Michael Joseph

• Court: Court of Criminal Appeals of Texas
• Decided: April 27, 2005
• Docket: AP-75,158
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,158 EX PARTE MICHAEL JOSEPH SIEMER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 9420142-A IN THE 208^th JUDICIAL DISTRICT COURT

HARRIS 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 indecency with a child. Punishment was assessed at confinement for twenty years. This conviction was affirmed, Siemer v. State, No. 14-99-00849-CR (Tex.App. - Houston [14th Dist.], delivered November 30, 2000, no pet.).

Applicant contends, inter alia, that his plea was rendered involuntary when both counsel, and the trial court, incorrectly admonished him regarding the punishment range in this cause.

The trial court has entered findings of fact, supported by the record, that Applicant was incorrectly admonished, by both counsel and trial court, regarding the correct punishment range in this cause. Applicant is entitled to relief.

Relief is granted. The judgment in cause number 9420142 in the 208th Judicial District Court of Harris County is vacated, and the Applicant is remanded to the custody of the Sheriff of Harris 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: April 27, 2005

DO NOT PUBLISH