Wilson, Ex Parte Boyd Lee Jr. ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,373

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EX PARTE BOYD LEE WILSON, JR., Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. A-04-0131-S IN THE 51^ST JUDICIAL DISTRICT COURT

TOM GREEN COUNTY

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   Per curiam.

O P I N I O N

   This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq. Applicant was convicted of the felony offense of delivery of a controlled substance, and punishment was assessed at six years' confinement. No direct appeal was taken.

Applicant contends, inter alia, that his conviction must be set aside because his plea of guilty was not free and voluntary. The trial court has entered findings of fact and conclusions of law recommending that Applicant be granted a new trial. We agree. It appears that Applicant was not fully aware of the direct consequences of his plea. See Mitschke v. State, 129 S.W.3d 130, 132 (Tex. Crim. App. 2004). Accordingly, the Applicant is entitled to relief.

Habeas corpus relief is granted. The judgment in cause number A-04-0131-S from the 51^st Judicial District Court of Tom Green County is set aside, and the Director of the Texas Department of Criminal Justice, Correctional Institutions Division is ordered to return Applicant to the custody of Tom Green County for further proceedings by the trial court.

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

  DO NOT PUBLISH

DELIVERED: April 5, 2006