Scheirman, Gregory Scott ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-80,220-01
EX PARTE GREGORY SCOTT SCHEIRMAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. D-1-DC-08-301389 COUNT 11
IN THE 147TH DISTRICT COURT FROM TRAVIS 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 pleaded guilty and was convicted
of indecency with a child. He was sentenced, pursuant to that plea agreement, to seven years’
imprisonment. He did not appeal his conviction.
Applicant contends that his plea was involuntary because he relied on trial counsel’s bad
advice regarding parole eligibility. Trial counsel filed an affidavit with the trial court. Based on that
affidavit, the trial court determined that counsel gave Applicant erroneous advice regarding parole
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eligibility and Applicant relied on that advice when pleading guilty. The trial court determined that
Applicant’s plea was involuntary due to the reliance on that bad advice. Applicant is entitled to
relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115
(Tex. Crim. App. 1999); Ex parte Moussazadeh, 361 S.W.3d 684, 690 (Tex. Crim. App. 2012).
Relief is granted. The judgment in Cause No. D-1-DC-08-301389 in the 147th District Court
of Travis County is set aside, and Applicant is remanded to the custody of the Sheriff of Travis
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: May 7, 2014
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