Carson, Ex Parte Ricky L. ( 2005 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,252

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EX PARTE RICKY L. CARSON, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NUMBER 2002-400103 IN THE 364TH DISTRICT COURT

LUBBOCK COUNTY

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   Per curiam.



O P I N I O N

This is an application for a writ of habeas corpus which was transmitted to this Court pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07, § 3, et seq. Applicant pleaded guilty to the felony offense of theft, and punishment was assessed at confinement for four years. No direct appeal was taken.

Applicant contends, inter alia, that his confinement is unlawful because the sentence he received exceeds the maximum permitted by statute. The State agrees that Applicant's punishment was improperly enhanced from a state jail felony to a second degree. The trial court recommends relief be granted

Relief is granted. The judgment in cause number 2002-400103 in the 364th Judicial District Court of Lubbock County is set aside and Applicant is remanded to answer the charges against him.

Applicant's remaining claims are dismissed as moot.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice and Pardons and Paroles divisions.

DELIVERED: September 28, 2005

DO NOT PUBLISH