Opinion
No. AP-75,400
Delivered: May 10, 2006. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus, in Cause No. 72739 from the 210th District Court, of El Paso County.
OPINION
This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, TEX. CODE CRIM.PROC. Applicant was convicted of indecency with a child by contact and punishment was assessed at imprisonment for nineteen years after his deferred adjudication community supervision was revoked. No appeal was taken from this conviction. Applicant contends that his guilty plea was involuntary because he was admonished of the wrong range of punishment, and would not have pled guilty if he had been advised of the correct range of punishment. The trial court has entered findings that Applicant was charged with two counts of indecency with a child, one by contact and one by exposure, entered a plea of guilty to indecency with a child which did not specify which count the plea addressed, and was admonished that the punishment range was two to ten years, but was placed on community supervision for the second degree felony count. The trial court concludes that Applicant's plea was not voluntarily entered, and recommends that relief be granted. Relief is granted. The judgment in cause number 72739 in the 210th Judicial District Court of El Paso County is set aside, and Applicant is remanded to the custody of the Sheriff of El Paso County to answer the charges against him. Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Correctional Institutions Division.