The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,292-01
EX PARTE TERRY JOHN CROSSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. C-23-0814-CR-W1
IN THE 70TH DISTRICT COURT
ECTOR COUNTY
Per curiam.
OPINION
Pursuant to a plea bargain, Applicant pleaded guilty and was convicted of
possession of a controlled substance and sentenced to nine 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 agreement is unenforceable and the
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sentence is illegal because it calls for presentence jail time credits that TDCJ will
not honor. Based on the record, the trial court has determined that the award of jail
time pursuant to the plea agreement cannot be fulfilled. Applicant relied on the jail
time credit as an inducement to enter into the plea agreement. Therefore,
Applicant’s plea is involuntary. He is entitled to the relief requested. See Thomas v.
State, 516 S.W.3d 498, 502 (Tex. Crim. App. 2017); Ex parte Rich, 194 S.W.3d 508,
514-15 (Tex. Crim. App. 2006).
Relief is granted. The judgment in cause number C-23-0814-CR in the 244th
District Court of Ector County is set aside, and Applicant is remanded to the
custody of the Sheriff of Ector 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: April 9, 2026
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