West, Ex Parte Eric Cornelius

• Court: Court of Criminal Appeals of Texas
• Decided: October 19, 2005
• Docket: AP-75,266
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,266 EX PARTE ERIC CORNELIUS WEST, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER 926470 IN THE 337^th JUDICIAL DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O P I N I O N

This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3 of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of deadly conduct and sentenced to two years imprisonment. Applicant's appeal was dismissed for want of jurisdiction. West v. State, No. 01-03-01012-CR (Tex. App. - [1^st Dist.], delivered October 16, 2003, no pet.).

In the instant application, Applicant contends, inter alia, that his plea was rendered involuntary due to the ineffective assistance of his counsel. Specifically, the Applicant contends he would not have pled guilty had he been admonished that an affirmative finding of a deadly weapon being used was an essential part of the plea agreement. The record in this case supports the validity of Applicant's claim. Relief is granted.

The judgment in cause number 926470 in the 337^th Judicial District Court of Harris County is hereby vacated and the Applicant is remanded to the custody of the Sheriff of Harris County to answer the charges as set out in the indictment.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, correctional institutions division, and parole division.

DELIVERED: October 19, 2005

DO NOT PUBLISH