FRANCO, LARRY JOE Jr. ( 2015 )


Menu:
  •               IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-82,900-01
    EX PARTE LARRY JOE FRANCO, JR., Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 6462A IN THE 121ST DISTRICT COURT
    FROM TERRY COUNTY
    Per curiam.
    OPINION
    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 this application for a writ of habeas corpus. Ex parte
    Young, 
    418 S.W.2d 824
    , 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to possession of
    marihuana in a drug free zone, and was sentenced to four years’ imprisonment. He did not appeal
    his conviction.
    Applicant contends, among other things, that his trial counsel rendered ineffective assistance
    because she gave him erroneous advice regarding parole eligibility, causing him to enter an
    involuntary plea.
    2
    The trial court has determined that trial counsel's performance was deficient in that counsel
    erroneously advised Applicant that he would become eligible for parole at some point, whereas the
    affirmative finding of a drug free zone made Applicant ineligible for parole until he had served the
    entire term to which he was sentenced. TEX . GOV ’T CODE § 508.145(e). The trial court also finds
    that Applicant would not have accepted the plea bargain and entered a plea of guilty if he had been
    correctly advised regarding parole eligibility. Relief is granted. The judgment in Cause No. 6462
    in the 121st District Court of Terry County is set aside, and Applicant is remanded to the custody
    of the Sheriff of Terry County to answer the charges as set out in the indictment. The trial court shall
    issue any necessary bench warrant within 10 days after the mandate of this Court issues.
    Applicant's remaining claims are dismissed. See Ex parte Torres, 
    943 S.W.2d 469
    (Tex.
    Crim. App. 1997).
    Copies of this opinion shall be sent to the Texas Department of Criminal Justice-
    Correctional Institutions Division and Pardons and Paroles Division.
    Delivered: March 18, 2015
    Do not publish
    

Document Info

Docket Number: WR-82,900-01

Filed Date: 3/18/2015

Precedential Status: Precedential

Modified Date: 9/16/2015