Opinion
No. 74,768
Delivered: October 1, 2003. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus from Hood County.
OPINION
This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of two counts of delivery of a controlled substance. Punishment was assessed at eighty years imprisonment. Applicant's appeal was dismissed on appellant's motion, Meier v. State, No. 02-01-00206-CR (Tex.App.-Fort Worth, delivered April 11, 2002, no pet.). Applicant contends that his plea of guilty was rendered involuntary due to the ineffective assistance of counsel. Specifically, Applicant contends that he chose to refuse a plea offer from the State for twenty years imprisonment based upon counsel's erroneous advice that he was eligible for community supervision The trial court has entered findings, supported by the record, that Applicant is entitled to relief. Relief is granted. The judgment in cause number 8079 in the 355th Judicial District Court of Hood County is vacated, and Applicant is remanded to the custody of the Sheriff of Hood County to answer the charges as set out in the indictment. Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Institutional and Pardons and Paroles Divisions.