From Casetext: Smarter Legal Research

Ex Parte Sherman

Court of Criminal Appeals of Texas
Oct 8, 2008
Nos. WR-70,672-01 WR-70,672-02 (Tex. Crim. App. Oct. 8, 2008)

Opinion

Nos. WR-70,672-01 WR-70,672-02

Delivered: October 8, 2008. DO NOT PUBLISH.

On Applications for Writs of Habeas Corpus, Cause No. 29,231F-85, In the 85th District Court from Brazos County.


ORDER


Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant pleaded guilty and was convicted of aggravated sexual assault, sentenced to twenty-two years' imprisonment, and indecency with a child, sentenced to twenty years' imprisonment. Applicant alleges ineffective assistance of counsel and involuntary plea. The trial court recommended granting relief on the basis of an involuntary plea. In order to obtain relief on a claim of an involuntary plea, an Applicant must allege and show that he would not have pleaded guilty had he been given the correct information. Brown v. State, 943 S.W.2d 35, 36, 42 (Tex.Crim.App. 1997). Applicant does not allege or show that he would not have pleaded guilty had the trial court correctly named the offense in this case. Based on this Court's independent review of the entire record, we deny relief.


Summaries of

Ex Parte Sherman

Court of Criminal Appeals of Texas
Oct 8, 2008
Nos. WR-70,672-01 WR-70,672-02 (Tex. Crim. App. Oct. 8, 2008)
Case details for

Ex Parte Sherman

Case Details

Full title:EX PARTE DEWAYNE LESLEY SHERMAN, Applicant

Court:Court of Criminal Appeals of Texas

Date published: Oct 8, 2008

Citations

Nos. WR-70,672-01 WR-70,672-02 (Tex. Crim. App. Oct. 8, 2008)