Sumrall, Ex Parte David Allen

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,770 EX PARTE DAVID ALLEN SUMRALL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. A 060478AR IN THE 128TH 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 tampering with governmental records and sentenced to three years' imprisonment. He did not appeal his conviction.

Applicant contends that his sentence is illegal because the offense he was convicted of is a class A misdemeanor under Texas Penal Code section 37.10(a)(1).

The State confessed error in its response and the trial court recommends granting relief. Applicant is entitled to relief.

Relief is granted. The judgment in Cause No. A060478-R in the 128th Judicial District Court of Orange County is set aside, and Applicant is remanded to the Sheriff of Orange County 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: September 26, 2007

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