Soria, Robert ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,360-01
EX PARTE ROBERT SORIA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W-61382-01-E IN THE 108TH DISTRICT COURT
FROM POTTER 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 was convicted of evading arrest
and sentenced to thirty years’ imprisonment. He did not appeal his conviction.
Applicant contends, among other things, that his sentence is illegal. The trial court made
findings of fact and conclusions of law, determined that Applicant’s sentence is illegal, and
recommended that we set aside his sentence.
We agree but shall set aside the judgment of conviction. Relief is granted. The judgment
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of conviction in cause number 61,382-E in the 108th District Court of Potter County is set aside, and
Applicant is remanded to the custody of the Sheriff of Potter 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.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: September 28, 2016
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