Steen, Ex Parte Johnathon Markett

• Court: Court of Criminal Appeals of Texas
• Decided: April 18, 2007
• Docket: AP-75,657
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,657 EX PARTE JOHNATHON MARKETT STEEN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. B-060011-AR IN THE 163rd DISTRICT COURT

FROM ORANGE 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 possession of a controlled substance and sentenced to two years' imprisonment. He did not appeal his conviction.

Applicant contends that his plea was involuntary because both counsel and the trial court improperly advised him regarding the range of punishment.

Trial counsel filed an affidavit with the trial court. Based on that affidavit and the record, the trial court determined that Applicant's plea was rendered involuntary due to the erroneous advice of counsel, and the improper admonishments given by the trial court. Applicant is entitled to relief. Ex parte Huerta, 692 S.W.2d 681 (Tex. Crim. App. 1985).

Relief is granted. The judgment in Cause No. B-060011-AR in the 163rd Judicial District Court of Orange County is set aside, and Applicant is remanded to the trial court to answer the charge against him.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division.

Delivered: April 18, 2007

Do Not Publish