Voisine, Ex Parte Faron Layne

• Court: Court of Criminal Appeals of Texas
• Decided: April 13, 2005
• Docket: AP-75,139
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-75,136; AP-75,137; AP-75,138; AP-75,139; AP-75,140; AP-75,141;

AP-75,142; AP-75,143; AP-75,144; AP-75,145;AP-75,146; AP-75,147; AP-75,148;

AP-75,149

EX PARTE FARON LAYNE VOISINE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM GRAYSON COUNTY

TRIAL COURT CAUSE NUMBERS 48002; 48875; 48874; 48877; 48873;

48872; 48871;48001; 47029; 47028; 48948;48879; 48876; 48878

Per Curiam.

O P I N I O N This is an application for writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Tex. Code Crim. Proc. art 11.07. Applicant was indicted on 14 separate charges involving the possession, manufacture and delivery of controlled substances, possession of a firearm, and money laundering. He was subsequently indicted by a federal grand jury in an indictment which alleged the same conduct as the State indictment. On December 18, 2002, Applicant was sentenced in federal court to fifteen years and one month in prison. The next day Applicant appeared before the state court, entered open pleas of guilty to all of the state charges, and was sentenced to 15 years in prison on the second degree felonies, 10 years in prison on the third degree felonies, and two years in prison on all of the state jail felonies. No appeal was taken from these convictions. The court ordered the state sentences to run concurrently with each other and with the federal sentence.

Applicant contends that his pleas were rendered involuntary because the plea bargain provisions have not been fulfilled and he has not obtained the full and complete benefit of the plea bargain. After holding a hearing and taking testimony from Applicant and Applicant's counsel, who also represents Applicant on the instant habeas petitions, the trial court concluded that (1) Applicant is not receiving the benefit of his plea bargain agreement that the state sentences would run concurrently with the federal sentences, inasmuch as Applicant is currently receiving no credit on his federal sentence; (2) "It is clear that Applicant as well as the State believed that the plea bargain agreement would result in the Applicant being transported to a Federal Correctional Facility where he would serve his time and that the State sentence would be running concurrently with that Federal sentence;" and (3) "Because Applicant has not received the benefit of his plea bargain, Applicant's plea cannot be said to have been entered knowingly and voluntarily." The trial court concludes that Applicant is entitled to relief, and we agree. Ex parte Huerta, 692 S.W.2d 681 (Tex. Crim. App. 1985)

The judgments in cause numbers 48002, 48875, 48874, 48877, 48873, 48872, 48871, 48001, 47029, 47028, 48948, 48879, 48876, 48878, in the 336^th Judicial District Court of Grayson County, Texas, are set aside and Applicant is remanded to the trial court to answer the charges against him.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Institutional and Pardons and Paroles Divisions.

DELIVERED: April 13, 2005

DO NOT PUBLISH