Carothers, Samuel ( 2023 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS.
WR-94,948-01
WR-94,948-02
EX PARTE SAMUEL CAROTHERS, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. D-1-DC-20-300071 & D-1-DC-21-301198
IN THE 147TH DISTRICT COURT FROM TRAVIS COUNTY
Per curiam.
OPINION
Applicant was convicted of two offenses of assault and sentenced to five years’ imprisonment
in each case. Applicant filed these applications for writs of habeas corpus in the county of
conviction, and the district clerk forwarded them to this Court. See TEX . CODE CRIM . PROC. art.
11.07.
Applicant contends that his guilty pleas were involuntary because the plea agreements were
conditioned on his state and federal sentences running concurrently. Based on the record, the trial
court has determined that Applicant is not receiving credit on his federal sentence and that his plea
agreements were conditioned on his state and federal sentences running concurrently.
2
Relief is granted. Ex parte Huerta, 692 S.W.2d 681 (Tex. Crim. App. 1985). The judgments
in cause numbers D-1-DC-20-00071 and D-1-DC-21-301198 in the 147th District Court of Harris
County are set aside, and Applicant is remanded to the custody of the Sheriff of Harris County to
answer the charges as set out in the indictments. The trial court shall issue any necessary bench
warrants after the date of this Court’s mandates.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and the Board of Pardons and Paroles.
Delivered: July 26, 2023
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