IN THE COURT OF CRIMINAL APPEALS
OF TEXAS



NO. 74,567

 

EX PARTE SIXTO ABINA FERNANDEZ, Applicant



ON APPLICATION FOR A WRIT OF HABEAS CORPUS
FROM WISE COUNTY

Per Curiam.


O P I N I O N





This is an application for a writ of habeas corpus which was transmitted to this Court pursuant to Article 11.07, 3, et seq., V.A.C.C.P. Applicant was convicted of aggravated sexual assault and punishment was assessed at confinement for five years. No direct appeal was taken.

In the present application it is contended that the State entered into an unauthorized and unenforceable plea bargain by agreeing and assuring Applicant that his sentence would run concurrently any other sentence, either State or federal. The trial court has, after remand, determined that relief should be granted. We agree. Ex parte Burton, 623 S.W.2d 418 (Tex. Crim. App. 1981). Accordingly, the judgment of conviction in cause number 10,639 from the 271st District Court of Wise County is vacated and Applicant is remanded to the Sheriff of that county to answer the Motion to Adjudicate Guilt in that cause. The other allegation made within the application is denied.



DELIVERED: February 12, 2003

DO NOT PUBLISH