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Ex Parte Charlie Lamar Jackson, Applicant

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ORDER

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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of marihuana in a drug-free zone and sentenced to eight years’ imprisonment. He did not appeal his conviction.

Applicant contends that he pleaded guilty because the prosecutor told trial counsel that after Applicant served his two-year sentence in a separate state jail felony conviction, was sent to the Correctional Institutions Division of the Texas Department of Criminal Justice, and served approximately eight months there, he would be eligible for release to parole. Applicant contends, however, that he has to serve five years day-for-day before he will become eligible for release to parole. See Tex. Gov’t Code § 508.145(e). The trial court found that Applicant was not advised by the State, the trial court, or trial counsel that he would have to serve his first five years day-for-day due to the drug-free zone. The trial concluded that Applicant’s plea was involuntary and recommended that we grant relief.

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