Vaughn, Ex Parte Demarcus L.

• Court: Court of Criminal Appeals of Texas
• Decided: June 6, 2007
• Docket: AP-75,686
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,686 EX PARTE DEMARCUS L VAUGHN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W06-44083-R(A) IN THE 265^TH DISTRICT COURT

FROM DALLAS 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 aggravated assault and sentenced to ten years' imprisonment. He did not appeal his conviction.

Applicant contends that his plea was involuntary because the plea bargain terms were not carried out.

The trial documents show that part of Applicant's plea agreement was that he be sentenced to boot camp. Applicant was never sent to boot camp, however. He was sent directly to the Texas Department of Criminal Justice to serve his sentence. The State and the trial court both recommend granting relief. 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. F-06-44083-R in the 265^th Judicial District Court of Dallas 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: June 6, 2007

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