Opinion
WR-96,028-01
10-09-2024
EX PARTE JORDAN SEBASTIAN SEMIEN, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1828709-A IN THE 208TH DISTRICT COURT FROM HARRIS COUNTY
OPINION
PER CURIAM.
Applicant was convicted of evading arrest and sentenced to ten 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 plea was involuntary because counsel failed to timely file a motion for shock probation as promised as part of his plea. Based on the record, the trial court has determined that Applicant's plea was involuntary and counsel was ineffective.
Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgment in cause number 1828709 in the 208th District Court of Harris County is set aside, and Applicant is remanded to the custody of the Sheriff of Harris 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.