Weiershausen, Justin Lynn ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,995-01
EX PARTE JUSTIN LYNN WEIERSHAUSEN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR19590-A IN THE 35TH DISTRICT COURT
FROM BROWN 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 with
intent to distribute controlled substances in a drug free zone and sentenced to ten years’
imprisonment. He did not appeal his conviction.
Applicant contends, among other things, that his plea was involuntary because he was
wrongly admonished as to the applicable range of punishment, his counsel did not investigate the
validity of the drug free zone allegation, and counsel did not give appropriate parole eligibility
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advice.
Applicant’s trial lawyers filed affidavits with the trial court. The trial court determined that
Applicant’s plea was involuntary because he was wrongly admonished by all parties as to the
applicable range of punishment in this case. Applicant is entitled to relief. Ex parte Huerta, 692
S.W.2d 681 (Tex. Crim. App. 1985).
Relief is granted. The judgment in Cause No. CR19590 in the 35th District Court of Brown
County is set aside, and Applicant is remanded to the custody of the Sheriff of Brown 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: March 1, 2017
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