Hern v. State

OPINION

O’CONNOR, Justice.

This is an accelerated appeal from the denial of habeas corpus relief. We reverse. -

On May 14, 1992, the State charged the appellant, Robert William Hern, by indictment with the offense of theft of a firearm *926over $400. We shall refer to this as the first indictment.

On July 2, 1992, the appellant signed a plea agreement in which he agreed to plead guilty to the offense of “theft of firearm over $400 w/one enh.” The State agreed to recommend punishment of 22-years confinement. To conform the plea agreement, the parties expected the State to amend the indictment to…