Fuller, Ex Parte Richard Arthur

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,824

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EX PARTE RICHARD ARTHUR FULLER, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. B06-306-1 IN THE 198th DISTRICT COURT FROM KERR 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of indecency with a child and sentenced to life years' imprisonment. He did not appeal his conviction.

Applicant contends that his plea was involuntary because counsel improperly admonished him of the applicable punishment range. We remanded this application to the trial court for findings of fact and conclusions of law.

Trial counsel filed an affidavit with the trial court. Based on that affidavit, the trial court determined that Applicant's plea was involuntary. 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. B06-306-1 in the 198th Judicial District Court of Kerr County is set aside, and Applicant is remanded to the trial court to answer the charge 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: January 23, 2008

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