This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of aggravated assault and sentenced to ten years in prison. No appeal was taken from this conviction.
Applicant contends that his plea was rendered involuntary because his plea agreement, which provided that he be placed on shock probation upon receiving a satisfactory evaluation while confined, was not followed. The trial court has entered findings, supported by the record, that the Applicant pled guilty pursuant to an agreement that he would be considered for shock probation, but the Applicant was not set for court within the proper time limit, and the court was unable to fulfill his plea bargain agreement. Applicant is entitled to relief.
Relief is granted. The judgment in cause number 2001-8-5641 in the 24th Judicial District Court of Calhoun County is set aside and Applicant is remanded to answer the charges against him.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice, institutional division and pardons and paroles divisions.
DELIVERED: March 26, 2003
DO NOT PUBLISH