Reasoner, Ex Parte Ryan Lynn

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-75,606 EX PARTE RYAN LYNN REASONER, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 43895-B IN THE 78TH DISTRICT COURT FROM WICHITA COUNTY Per curiam. O P I N I O N Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated robbery and sentenced to ten (10) years' imprisonment. He did not appeal his conviction. Applicant contends that his plea was involuntary because his plea was conditioned on the fact that he would be considered for shock probation. When the motion for shock probation was filed, the trial court entered an order denying shock probation because shock probation was unavailable due to applicant's conviction for aggravated robbery. The trial court determined that Applicant is entitled to relief. Ex parte Huerta, 692 S.W.2d 681 (Tex. Crim. App. 1985). The trial court entered findings of fact and conclusions of law, finding that the record unequivocally establishes that the plea bargain encompassed the opportunity for the applicant to seek shock probation and have the trial court consider the request. However, aggravated robbery is not an offense for which shock probation is available. The plea bargain was unenforceable, and therefore the plea was involuntary. The trial court concluded that relief should be granted. The judgment should be set aside and applicant should be remanded to the trial court. We agree. See Ex parte Rogers, 629 S.W.2d 741, 742 (Tex. Crim. App. 1982). Relief is granted. The judgment in Cause No. 43895-B in the 78th Judicial District Court of Wichita County is set aside, and Applicant is remanded to the custody of the sheriff to answer the charge against him in the trial court. Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division. Delivered: February 7, 2007 Do Not Publish