Ex parte Davenport

OPINION

THOMAS G. DAVIS, Judge.

This is a post-conviction application for writ of habeas corpus filed pursuant to Art. 11.07, V.A.C.C.P.

On August 17, 1983 applicant was convicted, following his plea of guilty, of sexual abuse of a child. Punishment was assessed by the court at nine years. The sentence provided such term “to run concurrent with the pending New Mexico offense.”

Applicant contends that he agreed to plead guilty “in exchange for the State’s recommendation that applicant’s Texas time was to run concurrently with” the New Mexico sentence.

The trial court, after conducting a hearing on…