Simpson, Ex Parte Carl Ray

• Court: Court of Criminal Appeals of Texas
• Decided: June 21, 2006
• Docket: AP-75,446
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-75,446 & AP-75,447 EX PARTE CARL RAY SIMPSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM CAUSE NOS. CR-02K-160 & CR-03K-170 IN THE

222^ND JUDICIAL DISTRICT COURT OF DEAF SMITH COUNTY

Per curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq.. Applicant pleaded guilty to two felony offenses of possession of a controlled substance with intent to deliver, and punishment was assessed at two concurrent eighteen year terms of confinement. No direct appeal was taken.

Applicant contends that his plea was not knowingly and voluntarily entered because he was advised by trial counsel that, if he pleaded guilty, this sentence would run concurrently with Applicant's federal sentence. The trial court has entered findings of fact and conclusions of law, recommending that this Court grant relief.

Habeas corpus relief is granted. We set aside the judgment in causes CR-02K-160 and CR-03K-170 in the 222nd Judicial District Court of Deaf Smith County and remand Applicant to the Deaf Smith County Sheriff to answer the charges against him. Copies of this opinion shall be sent to the Texas Board of Pardons and Paroles as well as the Texas Department of Criminal Justice, Correctional Institutions and Parole Divisions.

DO NOT PUBLISH

DELIVERED: June 21, 2006