Headrick, Ex Parte James Lee ( 2007 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

---

NOS. AP-75,691& AP-75,692

---

EX PARTE JAMES LEE HEADRICK, Applicant

---

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS CAUSE NOS. 0817877D & 0818137A IN THE 396^TH DISTRICT COURT FROM TARRANT COUNTY

---

   Per curiam.

O P I N I O N

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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of a firearm by a felon and possession of a controlled substance with intent to deliver. He was sentenced to imprisonment for two terms of twenty-five years. He did not appeal his convictions.

Applicant contends that trial counsel rendered ineffective assistance because he advised Applicant that his state and federal sentences would run concurrently. We remanded these applications to the trial court for findings of fact and conclusions of law.

On remand, the trial court held a live evidentiary hearing. Based on testimony from counsel and Applicant, the trial court concluded that counsel's advice to Applicant was erroneous and that counsel rendered ineffective assistance. We agree. Applicant is entitled to relief. Strickland v. Washington, 466 U.S. 608 (1984); Ex parte Huerta, 692 S.W.2d 681 (Tex. Crim. App. 1985).

Accordingly, relief is granted. The judgments in Cause Nos. 0817877D and 0818137A in the 396^th Judicial District Court of Tarrant County are set aside, and Applicant is remanded to the custody of the Sheriff of Tarrant County to answer the charges against him.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division.

Delivered: June 6, 2007

Do Not Publish