Thomas, Ex Parte Terry Lamar Ii ( 2007 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NOS. AP-75,665 & AP-75,666

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EX PARTE TERRY LAMAR THOMAS, II, Applicant

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ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. FR56769-A AND FR59615-A IN THE 264^TH AND 27^TH DISTRICT COURTS OF BELL COUNTY

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   Per curiam.

O P I N I O N  

   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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of unlawful possession of a firearm by a felon and in accordance with plea agreements he was sentenced to five (5) years' imprisonment. No direct appeals were taken.

Applicant contends that the judgments in these cases incorrectly include affirmative deadly weapon findings. The trial court agrees that the affirmative deadly weapon findings are improper but concludes that there is no authority for granting Applicant relief on this issue because Applicant could have raised the claims on direct appeal. See Ex parte Nelson, 137 S.W.3d 666 (Tex. Crim. App. 2004). However, Applicant entered pleas of guilty pursuant to plea agreements and waived his rights to appeal. Applicant is entitled to relief.

Relief is granted. The judgments in cause numbers 56769 and 59615 are reformed to delete the following language: "Affirmative finding on deadly weapon: Yes - firearm used or exhibited." All other claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

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

Delivered: April 25, 2007

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