Stiers, Donald Chase ( 2014 )


Menu:
  •               IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-82,433-01
    EX PARTE DONALD CHASE STIERS, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 1437033-A IN THE 176TH DISTRICT COURT
    FROM HARRIS COUNTY
    Per curiam.
    OPINION
    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 of a
    controlled substance and sentenced to two years’ imprisonment. He did not appeal his conviction.
    Applicant contends, among other things, that his guilty plea was involuntary. The trial court
    agreed and recommended that we set aside Applicant’s conviction. We agree that his guilty plea was
    involuntary, Ex parte Mable, No. WR-81,358-01, ___ S.W.3d ___ (Tex. Crim. App. Sept. 17,
    2014), but we decline to adopt conclusion of law number eight.
    2
    Relief is granted. The judgment in cause number 1437033-A in the 176th District Court of
    Harris County is set aside, and Applicant is remanded to the custody of the Sheriff of Harris County
    to answer the charges as set out in the indictment. The trial court shall issue any necessary bench
    warrant within 10 days after the mandate of this Court issues.
    Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional
    Institutions Division and Pardons and Paroles Division.
    Delivered: December 10, 2014
    Do not publish
    

Document Info

Docket Number: WR-82,433-01

Filed Date: 12/10/2014

Precedential Status: Precedential

Modified Date: 9/16/2015