Bell, Jerrell ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-80,561-02
EX PARTE JERRELL BELL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1356023-A IN THE 338TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. ALCALA , J., filed a dissenting opinion in which RICHARDSON and
WALKER , JJ., joined.
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 pleaded guilty to unlawful
possession of a firearm by a felon, and was sentenced to seven years’ imprisonment. He did not
appeal his conviction.
Applicant contends, among other things, that his plea was not knowingly and voluntarily
entered. The trial court in this case finds that Applicant’s plea of guilty to unlawful possession of
a firearm by a felon was not made with a full understanding of the law in relation to the facts, and
2
was not a voluntary and intelligent choice among the alternative courses of action open to him
because Applicant did not receive actual notice that his underlying felony conviction for possession
of a controlled substance was infirm at the time entered his guilty plea in this case. After Applicant
pleaded guilty in this case, his underlying felony conviction was vacated in a habeas proceeding.
However, the recommendation to grant relief is contrary to this Court’s holding in Ex parte
Jimenez, 361 S.W.3d 679 (Tex. Crim. App. 2012). In Jimenez, this Court held that the fact that
Applicant’s underlying felony conviction had been subsequently vacated did not entitle him to relief
because at the time he possessed a firearm, he had the status of a felon. In this case, as in Jimenez,
Applicant had the status of a felon at the time he possessed a firearm, although his underlying
conviction was later vacated in a habeas corpus proceeding. Therefore, his involuntary plea claim
is without merit. This Court has reviewed his other claims, and also finds them to be without merit.
Relief is denied.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and Pardons and Paroles Division.
Filed: March 1, 2017
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