Parra, Ex Parte Derek ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NOS. AP-75,563; AP-75,564; AP-75,565

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EX PARTE DEREK PARRA, Applicant

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ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. 05-CR-0582-C, 03-CR-3192-C, 04-CR-1000-C IN THE 94^TH JUDICIAL DISTRICT COURT

FROM NUECES 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 pleaded guilty to one charge of possession of methamphetamine, one charge of aggravated robbery, and one charge of aggravated assault, and was sentenced to 2 years' state jail for the possession charge and five years' imprisonment for each of the other two charges. He did not appeal his convictions.

Applicant contends that his pleas were involuntary because the plea agreements cannot be followed.

Trial counsel and the prosecutor both filed affidavits with the trial court. Based on those affidavits and on the written plea agreements, the trial court determined that Applicant pleaded guilty pursuant to an agreement that these sentences would run concurrently with a federal sentence. The federal judgment requires the federal sentence to begin when the state sentences expire. Applicant is entitled to relief. Ex parte Huerta, 692 S.W.2d 681 (Tex. Crim. App. 1985).

Relief is granted. The judgments in Cause Nos. 05-CR-0582-C, 03-CR-3192-C, and 04-CR-1000-C in the 94th Judicial District Court of Nueces County are set aside, and Applicant is remanded to the custody of the Sheriff of Nueces County to answer the charges against him.

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

Delivered: December 6, 2006

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