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Ex parte Harrington

Post-conviction habeas-corpus relief is available under Article 11.07 if an applicant has discharged his sentence but continues to suffer collateral consequences arising from the conviction. Because the trial judge found that applicant suffers collateral consequences, applicant has established that he is "confined" under article 11.07. Applicant's guilty plea was the result of ineffective assistance of counsel and was thus involuntary. Moreover, the parties and the trial judge all agree that applicant was wrongly convicted of a felony DWI when he should have been convicted of only a misdemeanor DWI. Texas Court of Criminal Appeals, No. AP-76,288, 06-04-2010

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OPINION

The issue in this case is whether post-conviction habeas-corpus relief is available under Article 11.07*fn1 if an applicant has discharged his sentence, but continues to suffer collateral consequences arising from the conviction. We hold that it is.

In this case, applicant contends that habeas corpus lies because his plea was involuntary due to counsel’s ineffectiveness in failing to investigate a prior DWI conviction used to enhance applicant’s misdemeanor DWI charge to a felony charge.*fn2 He claims that he is confined as a result of his conviction and is thus entitled to habeas relief. We find that because applicant currently suffers collateral consequences arising from his conviction, he is “confined” for the purpose of seeking habeas relief under article 11.07. We also adopt the trial judge’s Agreed Findings of Fact (which are supported by the record) and his recommendation to grant relief on applicant’s involuntary-plea claim.

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