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 murder and sentenced to thirty-five years' imprisonment. He did not appeal his conviction.

Applicant contends that trial counsel was ineffective for advising Applicant that the State could pursue capital punishment and for failing to discuss with Applicant the elements of the offense and possible defenses and lesser included offenses. We remanded this application to the trial court for findings of fact and conclusions of law.

On remand, the trial court concluded that counsel was ineffective and recommended granting relief. Accordingly, relief is granted. The judgment in Cause No. 20077 in the 336^th Judicial District Court of Fannin County is set aside, and Applicant is remanded to the Sheriff of Fannin County to answer the charges against him.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division.

Delivered: January 31, 2007

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