Leblanc, Ex Parte Rennald Demon ( 2007 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,667

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EX PARTE RENNALD DEMON LEBLANC, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 31,555 IN THE 240^TH DISTRICT COURT FROM FORT BEND 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 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 aggravated robbery and sentenced to eleven years' imprisonment. He did not appeal his conviction.

Applicant contends that his plea was involuntary because the plea agreement cannot be followed. Trial counsel filed an affidavit with the trial court. Based on that affidavit and the record, the trial court determined that Applicant pleaded guilty pursuant to an agreement that this sentence would run concurrently with a federal sentence. The federal judgment requires the federal sentence to begin when the state sentence expires. 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. 31,555 in the 240^th Judicial District Court of Fort Bend County is set aside, and Applicant is remanded to the custody of the Sheriff of Fort Bend 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: April 25, 2007

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