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 intoxication assault and two counts of intoxication manslaughter. Punishment was assessed at ten years imprisonment. No appeal was taken from these convictions.
Applicant contends that his counsel was ineffective because he failed to file a motion for shock probation. The trial court has entered findings that he assessed punishment with the intent to grant shock probation and advised counsel off the record that he should file a motion for shock probation, but counsel did not file the motion. Applicant is entitled to relief.
Relief is granted. The judgment in cause number 19,734 in the 217th Judicial District Court of Angelina 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 and pardons and paroles divisions.
DELIVERED: May 7, 2003
DO NOT PUBLISH