Lopez, Dwayne Keith

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,335-01
EX PARTE DWAYNE KEITH LOPEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 12-11-12182-CR(1) IN THE 221ST DISTRICT COURT
FROM MONTGOMERY 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 was convicted of driving while
intoxicated and sentenced to nineteen years’ imprisonment. The Ninth Court of Appeals dismissed
his appeal. Lopez v. State, No. 09-13-00414-CR (Tex. App.—Beaumont Oct. 30, 2013)(not
designated for publication).
Applicant contends that his plea was involuntary because counsel misinformed him that there
would not be a deadly weapon finding on his judgment. Trial counsel testified at a hearing held by
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the trial court. Based on that testimony, the trial court determined that counsel misunderstood the
terms of the plea and therefore miscommunicated the terms to Applicant. The State agrees.
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. 12-11-12182-CR in the 221st District Court
of Montgomery County is set aside, and Applicant is remanded to the custody of the Sheriff of
Montgomery 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: July 29, 2015
Do not publish