Opinion
WR-95,871-02
10-09-2024
EX PARTE CORBIN EDWARD MILES, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. DC-F202300855-B IN THE 18TH DISTRICT COURT FROM JOHNSON COUNTY
Yeary, J., concurred.
OPINION
PER CURIAM.
Applicant pleaded guilty to burglary of a habitation with intent to commit other felony and was sentenced to ten years' imprisonment. The judgment provided that the sentence was subject to 180 days shock probation. Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See Tex. Code Crim. Proc. art. 11.07.
Applicant contends, among other things, that his plea was involuntary because trial counsel failed to file a motion for shock probation within the 180-day period after the sentence was executed. Based on the record, the trial court has determined that trial counsel's performance was deficient and that the terms of the negotiated plea agreement would have been fulfilled but for counsel's deficient performance.
Relief is granted. Hill v. Lockhart, 474 U.S. 52 (1985). The judgment in cause number DC-F202300855 in the 18th District Court of Johnson County is set aside, and Applicant is remanded to the custody of the Sheriff of Johnson County to answer the charges as set out in the indictment. The trial court shall issue any necessary bench warrant within ten days from the date of this Court's mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and the Board of Pardons and Paroles.