This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of burglary of a building. Punishment was assessed at eighteen years imprisonment. No appeal was taken from this conviction.
Applicant contends, inter alia, that, due to the ineffective assistance of his counsel, he was misled into pleading guilty in this cause. Specifically, Applicant contends that counsel informed him that he would receive a sentence of ten years in exchange for his plea of guilty, and instead he received a sentence of eighteen years.
The trial court has entered findings of fact that there was an unwritten agreement between the parties that Applicant's punishment would not exceed ten years, but Applicant's plea papers were not amended accordingly resulting in the current sentence. Applicant is entitled to relief.
Relief is granted. The assessment of punishment in cause number 2000-CR-1529-C in the 197th Judicial District Court of Cameron County is vacated, and the Applicant is remanded to the trial court for a new punishment hearing.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Institutional and Pardons and Paroles Divisions.
DELIVERED: February 5, 2003
DO NOT PUBLISH