*1 590 hearing a and certified the facts to this parte Mickey Eugene
Ex BROWN. Judge In his Court. certificate Hall recites statutory requirements taking that the of No. 39771. plea guilty complied a of were not with Appeals Court of Criminal of Texas. plea guilty when relator be- entered his of 22, June 1966. Judge fore Hall in 1960. supports
The record the certificate in appointed that it is shown the court that attorney days pre- was not allowed ten to trial, pare for and no waiver that there was right of his by accorded him Article 494 V.A.C.C.P., which was in effect at the Cooper, plea. parte time of Ex relator’s Tex.Cr.App., 388 the cases S.W.2d 939 and authority granting there cited are for the writ. ordered, therefore,
It is that relator be by Depart- custody released from the Texas ment the Corrections and delivered into of custody County of sheriff Harrison the of original to stand trial on indictment in the 19,429pending Cause No. in said Court. It is so ordered.
DISSENTING OPINION WOODLEY, Judge. upon the petition which
The unsworn granted and corpus was writ of habeas alleged: made returnable to this Court plea guilty of entered a “1. Petitioner 15, July on before this Honorable Court 1960, placed probation. and was on 1960, 19, probation September the 2. On revoked, Petitioner was sen- and was Odom, Houston, S. appellant. for John in the (10) years State tenced to ten Austin, Leon Prison. Douglas, Atty., B. State’s for the State. 8, 1962,this Court entered March 3. On sentence reducing Petitioner’s
an Order years (5) years five (10) OPINION. ten to from Penitentiary. in the State confinement MORRISON, Judge. by the not executed This was Order that they claimed in that Prison State 11.07, proceeding This is a under Article the not have did this Honorable Court (1965). Vernon’s Ann.C.C.P. the sentence. authority to so reduce period a Hall, Sr., of has now served Judge Honorable 4. Petitioner The Sam imprisonment.” years in actual (5) of five Court, the District conducted 71st Judicial
591 *2 grounds petition (10) years, As for tence of Ten to a Prison Sen- such writ the alleged: (5) years; tence of Five and facts the indicating and new evidence before me Upon plea guilty
“1. the of there were the in- such an Order would be in that called, no intro- witnesses nor evidence accordingly justice, terest of I entered duced, prove accused, guilt is to the of as necessary the Order Brown to sentence required by 12, Article and Sec- VACCP Prison, to the in of Five Years instead tion 501-503 CCP. years Ten (10) Probation. 2. represented by Petitioner was not trial, “Thereafter, by counsel at the I time of his as re- was advised the Attor- quired ney by process law, due General of that I did not the 14th have Authority Order, Amendment of enter in the United States Con- to such an that stitution.” the imposed Sentence had been in Ector County. transferring If the order the At hearing petitioner the introduced no County Probation to Ector did transfer testimony support in allegation of his that Cause, of the it entered was Jurisdiction “no called, witnesses were nor evidence error, in and not was the order nor intent introduced” other testimony than to the of this Court. effect that the record contained no state- ment of stipu- facts and did any not reflect May 1966, “On 24, application an for lation as to evidence. of Corpus having Writ Habeas been Brown, filed by before me MickeyEugene This proof was not requirements that the I hearing Granted a as to whether the of Art. 12 complied V.A.C.C.P. were not thereafter, Writ being issue and Should with. Opinion of the statutory require- that the Petitioner elicited testimony at hear- the of taking Guilty ments a Plea were not ing which directly contradicted his second complied with; further, and that the ground relief, for proved and he that was expired, Sentence of the Petitioner has in represented fact by appointed counsel on issued, the Writ of Corpus Habeas was the day of the trial. and will be found hereinafter.” The judge’s trial certificate reads as testimony at There was introduced the follows: appointed hearing to the counsel effect that “I, Hall, Sam Sr., Judge of the 71st and day on of the trial did not waive the Texas; District of conducted Judicial no written time to waiver was filed of the trial in the Mickey Eugene Cause of trial, prepare but evi- for there was no Brown, 1960, in upon Plea, and Guilty his herein, defendant, petitioner dence the that Granted Probation. indigent was or unable obtain coun- was to- “Thereafter, I sel, transfered the pur- matter to appointed or that counsel was Odessa, County, Texas, Ector for Pro- Art. suant to Art. 494 V.A.C.C.P. and not Supervision. bation I did not transfer 10a V.A.C.C.P. Cause, of the only that of
Jurisdiction The ground views of writer to the as this Supervision. setting for a in collateral aside conviction a September parte “In 1960, attack are shown in his in Ex of dissent the in Court Cooper, County by majority. Ector cited the revoked the Probation Sen- tence imposed, I had and itself sentenced judge is clear did It that the trial not Brown to the (10) years Ten in Prison grant express opinion the writ or that the which I had Probated. County final in Ector the sentence made 1962, “In a Motion petitioner was filed before me was void and his court because by Allen, Mr. appointed Charles the District At- were allowed ten counsel not torney of County, requesting Harrison days file a prepare to for trial and did not I my that original reduce Probated Sen- written waiver of such time.