IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. AP-75,227
EX PARTE DAYLE PAYTON RIGGAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 15,885-B IN THE 181st JUDICIAL DISTRICT COURT
RANDALL COUNTY
Per curiam.
O P I N I O N
This is a post-conviction application for a writ of habeas corpus filed pursuant to tex. code crim. proc. art. 11.07. Applicant was convicted of possession of a controlled substance. Punishment was assessed at imprisonment for seven years. No appeal was taken from this conviction.
Applicant contends that his plea of guilty in this cause was involuntary. Specifically, the Applicant contends that, as part of the plea negotiations, he was erroneously promised time credit for an approximately one year long period he spent incarcerated prior to the date he committed this offense.
The State has filed a response, supported by the record, stating that Applicant's plea was rendered involuntary as a result of the representation regarding this time credit which could not be fulfilled. Applicant is entitled to relief.
Relief is granted. The judgment in cause number 15,885-B in the 181st Judicial District Court of Randall County is vacated, and the Applicant is remanded to the custody of the Sheriff of Randall County to answer the charges as set out in the indictment.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Correctional Institutions and Parole Divisions.
DELIVERED: August 31, 2005
DO NOT PUBLISH