IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,533-01
EX PARTE RICHARD MCDONALD, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 12F0365-005A IN THE 5TH DISTRICT COURT
FROM BOWIE 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 aggravated
assault with serious bodily injury and sentenced to twelve years’ imprisonment. He did not appeal
his conviction.
Applicant contends that his plea was involuntary because a critical term of the plea
agreement, that he be convicted of a crime that does not exist under Texas law, is impossible to
perform. The trial court made findings of fact and conclusions of law, determining that Applicant
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is entitled to relief. The trial court’s recommendation is supported by the record. 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. 12F0365-005 in the 5th District Court of Bowie
County is set aside, and Applicant is remanded to the custody of the Sheriff of Bowie 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: March 25, 2015
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