Smith, Jc

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-96,325-02

EX PARTE J.C. SMITH, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 94461-CR-A IN THE 149TH DISTRICT COURT
BRAZORIA COUNTY

Per curiam.

OPINION

Applicant pleaded guilty to indecency with a child by exposure and was sentenced to 20

years’ imprisonment. Applicant filed this application for a writ of habeas corpus in the county of

conviction, and the district clerk forwarded it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.

Applicant contends that his plea was involuntary because he pleaded guilty in exchange for

an illegal sentence. Specifically, the statutory maximum sentence for the offense was 10 years, but

Applicant was sentenced to 20 years. See TEX. PENAL CODE §§ 21.11(a)(2), (d); 12.34(a) (providing

maximum sentence of 10 years).

Based on the record and applicable law, the trial court has determined that Applicant’s

sentence is illegal and recommends returning the case to its pre-trial posture. See TEX. PENAL CODE
2

§§ 21.11(a)(2), (d); 12.34(a). “When a plea-bargain agreement calls for a sentence much greater than

that authorized by law, we must allow the defendant to withdraw his plea[.]” Ex parte Rich, 194

S.W.3d 508, 514 (Tex. Crim. App. 2006).

Relief is granted. The judgment in cause number 94461-CR in the 149th District Court of

Brazoria County is set aside, and Applicant is remanded to the custody of the Sheriff of Brazoria

County to answer the charges as set out in the indictment. The trial court shall issue any necessary

bench warrant within ten days from the date of this Court’s mandate.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and the Board of Pardons and Paroles.

Delivered: March 12, 2025
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