Opinion
WR-92 882-01
09-15-2021
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. C-213-W011976-1626295-A IN THE 396TH DISTRICT COURT FROM TARRANT COUNTY
OPINION
PER CURIAM.
Applicant was convicted of engaging in organized criminal activity and sentenced to five years' imprisonment. 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 that his plea was involuntary because counsel misadvised him about parole eligibility. The State agrees that Applicant is entitled to relief. Based on the record, the trial court has determined that Applicant's plea was involuntary due to counsel's errors.
Relief is granted. Hill v. Lockhart, 474 U.S. 52, 60 (1985). The judgment in cause number 1626295D in the 213th District Court of Tarrant County is set aside, and Applicant is remanded to the custody of the Sheriff of Tarrant 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.