This is a post-conviction application for writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of burglary of a habitation. Punishment was assessed at ten years imprisonment. No direct appeal was taken from this conviction.
Applicant contends that the plea agreement in this case was broken, thus rendering his plea involuntary. Specifically, Applicant contends that he was promised, in exchange for his plea of true, that the trial court would subsequently suspend the sentence and place him on probation upon successful completion of boot camp.
The trial court has entered findings that the Applicant was promised placement on probation following successful completion of boot camp in exchange for his plea of true, but after the Applicant had successfully completed boot camp, the court lost jurisdiction to suspend the sentence and place the Applicant on probation. Applicant is entitled to relief.
Relief is granted. The judgment in cause number F-2000-0016-E in the 367th Judicial District Court of Denton County is vacated, and the Applicant is remanded to the Sheriff of Denton 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, Institutional Division and Pardons and Paroles Division.
DELIVERED: February 5, 2003
DO NOT PUBLISH