CourtListener 10356991•Smith, Jc
Full text
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-96,325-02
EX PARTE J.C. SMITH, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 94461-CR-A IN THE 149TH DISTRICT COURT
BRAZORIA COUNTY
Per curiam.
OPINION
Applicant pleaded guilty to indecency with a child by exposure and was sentenced to 20
years’ imprisonment. Applicant filed this application for a writ of habeas corpus in the county of
conviction, and the district clerk forwarded it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.
Applicant contends that his plea was involuntary because he pleaded guilty in exchange for
an illegal sentence. Specifically, the statutory maximum sentence for the offense was 10 years, but
Applicant was sentenced to 20 years. See TEX. PENAL CODE §§ 21.11(a)(2), (d); 12.34(a) (providing
maximum sentence of 10 years).
Based on the record and applicable law, the trial court has determined that Applicant’s
sentence is illegal and recommends returning the case to its pre-trial posture. See TEX. PENAL CODE
2
§§ 21.11(a)(2), (d); 12.34(a). “When a plea-bargain agreement calls for a sentence much greater than
that authorized by law, we must allow the defendant to withdraw his plea[.]” Ex parte Rich, 194
S.W.3d 508, 514 (Tex. Crim. App. 2006).
Relief is granted. The judgment in cause number 94461-CR in the 149th District Court of
Brazoria County is set aside, and Applicant is remanded to the custody of the Sheriff of Brazoria
County to answer the charges as set out in the indictment. The trial court shall issue any necessary
bench warrant within ten days from the date of this Court’s mandate.
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: March 12, 2025
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