Williams, Ex Parte David Wayne Jr.

Court of Criminal Appeals of Texas

Williams, Ex Parte David Wayne Jr.

DecidedDecember 7, 2005

DocketAP-75,304

StatusPublished

This text of Williams, Ex Parte David Wayne Jr. (Williams, Ex Parte David Wayne Jr.) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Williams, Ex Parte David Wayne Jr., (Tex. 2005).

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Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,304 EX PARTE DAVID WAYNE WILLIAMS, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 04-20422-L(A) IN THE CRIMINAL DISTRICT COURT NO. FIVE

DALLAS COUNTY

Per Curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq.. Applicant was convicted of the felony offense of unlawful possession of a prohibited weapon, and punishment was assessed at ten years' confinement. No direct appeal was taken.

Applicant contends, inter alia, that his plea was involuntary because the plea agreement cannot be followed. The trial court has entered findings of fact and conclusion of law, based upon the written record and counsel's affidavit, that Applicant pled guilty pursuant to an agreement that he would receive community supervision if he successfully completed a boot camp program. The trial court also finds that Applicant successfully completed the boot camp program, but he was not granted community supervision during the time period the trial court had jurisdiction to do so.

Relief is granted. The judgment of conviction in cause number 04-20422-L(A) in the Criminal District Court Number Five of Dallas County is vacated, and the Applicant is remanded to the custody of the Sheriff of Dallas 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, and parole divisions.

DO NOT PUBLISH

DELIVERED: December 7, 2005

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,304 EX PARTE DAVID WAYNE WILLIAMS, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 04-20422-L(A) IN THE CRIMINAL DISTRICT COURT NO. FIVE

DALLAS COUNTY

Per Curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq.. Applicant was convicted of the felony offense of unlawful possession of a prohibited weapon, and punishment was assessed at ten years' confinement. No direct appeal was taken.

Applicant contends, inter alia, that his plea was involuntary because the plea agreement cannot be followed. The trial court has entered findings of fact and conclusion of law, based upon the written record and counsel's affidavit, that Applicant pled guilty pursuant to an agreement that he would receive community supervision if he successfully completed a boot camp program. The trial court also finds that Applicant successfully completed the boot camp program, but he was not granted community supervision during the time period the trial court had jurisdiction to do so.

Relief is granted. The judgment of conviction in cause number 04-20422-L(A) in the Criminal District Court Number Five of Dallas County is vacated, and the Applicant is remanded to the custody of the Sheriff of Dallas 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, and parole divisions.

DO NOT PUBLISH

DELIVERED: December 7, 2005

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Williams, Ex Parte David Wayne Jr., Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-ex-parte-david-wayne-jr-texcrimapp-2005.