O P I N I O N

This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of robbery by assault, and his punishment was assessed at life imprisonment. Applicant did not perfect an appeal.

The trial court has recommended granting relief. We agree. The judgment and sentence in cause number 6607 from the 217th Judicial District Court of Angelina County is vacated. Applicant is remanded to the custody of the Sheriff of Angelina County to answer to the charge in the indictment.

A copy of this opinion shall be sent to the Department of Criminal Justice, Correctional Institutions Division.

DO NOT PUBLISH

DELIVERED: June 30, 2004