Parrish, Ex Parte Russell Wade ( 2005 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. 75,244

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EX PARTE RUSSELL WADE PARRISH, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 52149-A IN THE 27TH DISTRICT COURT FROM BELL COUNTY

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   Per curiam.



O P I N I O N

   This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq.. Applicant was convicted of possession of a controlled substance and his punishment was assessed at eight years imprisonment. No appeal was taken from this conviction.

Applicant contends that his plea of guilty was involuntary because it was based upon the promise that this sentence would run concurrently with a pending federal sentence. The trial court has entered findings of fact and conclusions of law recommending that relief be granted. Specifically, the trial court found that Applicant pleaded guilty pursuant to an agreement that this sentence would run concurrently with his federal sentence. The trial court also found that federal authorities are not allowing the sentences to run concurrently. Applicant is entitled to relief. Ex parte Huerta, 692 S.W.2d 681 (Tex. Crim. App. 1985).

Relief is granted. The judgment in cause number 52149-A in the 27th Judicial District Court of Bell County is set aside and Applicant is remanded to the trial court to answer the charge against him.

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

DO NOT PUBLISH

DELIVERED: September 14, 2005