Morgan, Cory Dale ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,867-01
EX PARTE CORY DALE MORGAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 12-1212-K368A IN THE 368TH DISTRICT COURT
FROM WILLIAMSON COUNTY
Per curiam.
ORDER
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 possession with
intent to distribute four grams or more but less than 200 grams of methamphetamine and was
sentenced to twenty years’ incarceration. There was no direct appeal.
Applicant contends, inter alia, that he agreed to plead guilty to the drug offense with an
affirmative deadly weapon finding instead of pleading guilty to it with a finding it was committed
in a drug-free zone. See TEX . CODE CRIM . PROC. art. 42.12 § 3g(a)(2); CONTROLLED SUBSTANCES
ACT § 481.134(c). He states that his decision was based on trial counsel’s advice that he would be
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eligible for parole consideration earlier with a deadly-weapon finding than with a drug-free-zone
finding. See TEX . GOV ’T CODE §§ 508.145(d)(1), (e). He argues that the advice was incorrect and
that his plea was therefore involuntary. See Strickland v. Washington, 466 U.S. 668, 687 (1984); Ex
Parte Moussazadeh, 361 S.W.3d 684 (Tex. Crim. App. 2012).
Counsel has supplied an affidavit, which details the advice he gave Applicant. It remains
unclear to this Court, however, whether counsel’s advice to Applicant regarding when Applicant
would become parole eligible under each plea-deal scenario was correct. We order that this
application be filed and set for submission to determine whether Applicant’s guilty plea was
involuntary due to receiving incorrect parole eligibility advice. The parties shall brief the issues.
The trial court shall determine whether Applicant is indigent. If Applicant is indigent and
desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant.
TEX . CODE CRIM . PROC. art 26.04. The trial court shall send to this Court, within 60 days of the date
of this order, a supplemental transcript containing either the order appointing counsel or a statement
that Applicant is not indigent. All briefs shall be filed with this Court within 120 days of the date
of this order.
Filed: January 27, 2016
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