Court of Criminal Appeals of Texas, 2006

Carrillo, Ex Parte Eddie

Court of Criminal Appeals of Texas · Decided May 10, 2006

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,400

EX PARTE EDDIE CARRILLO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

IN CAUSE NO. 72739 FROM THE 210^TH DISTRICT COURT

OF EL PASO COUNTY

Per curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, TEX.CODE CRIM.PROC. Applicant was convicted of indecency with a child by contact and punishment was assessed at imprisonment for nineteen years after his deferred adjudication community supervision was revoked. No appeal was taken from this conviction.

Applicant contends that his guilty plea was involuntary because he was admonished of the wrong range of punishment, and would not have pled guilty if he had been advised of the correct range of punishment. The trial court has entered findings that Applicant was charged with two counts of indecency with a child, one by contact and one by exposure, entered a plea of guilty to indecency with a child which did not specify which count the plea addressed, and was admonished that the punishment range was two to ten years, but was placed on community supervision for the second degree felony count. The trial court concludes that Applicant's plea was not voluntarily entered, and recommends that relief be granted.

Relief is granted. The judgment in cause number 72739 in the 210^th Judicial District Court of El Paso County is set aside, and Applicant is remanded to the custody of the Sheriff of El Paso County to answer the charges against him.

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

DELIVERED: May 10, 2006

DO NOT PUBLISH

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