Ex Parte Terry John Crosson - Plea Bargain, Habeas Relief Granted
Summary
The Texas Court of Criminal Appeals granted habeas relief to Terry John Crosson, finding his guilty plea involuntary because the plea agreement contained presentence jail time credits that TDCJ would not honor. Applicant relied on those credits as an inducement to enter the plea. The court set aside the judgment in Cause No. C-23-0814-CR in the 244th District Court of Ector County and remanded Applicant to the custody of the Sheriff of Ector County. The trial court must issue any necessary bench warrant within ten days.
What changed
The court held that when a plea agreement contains presentence jail time credits that TDCJ cannot honor, and the defendant relied on those credits as an inducement to plead guilty, the plea is involuntary and habeas relief is warranted. The judgment of conviction is set aside and the defendant is remanded to county custody.
This ruling has implications for plea agreements involving sentencing credits. Prosecutors and defense counsel should ensure that any sentencing terms in plea agreements are actually achievable within TDCJ's operational constraints, as agreements with unfulfillable terms may be challenged as involuntary pleas. The case also sets a precedent for defendants to seek habeas relief when they can demonstrate they were induced to plead based on specific promises that were not kept.
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Apr 19, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 9, 2026 Get Citation Alerts Download PDF Add Note
Crosson, Terry John
Court of Criminal Appeals of Texas
- Citations: None known
- Docket Number: WR-97,292-01
- Nature of Suit: 11.07 HC
Disposition: HC Relief granted
Disposition
HC Relief granted
Lead 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
2
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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Source document text, dates, docket IDs, and authority are extracted directly from TX Court of Criminal Appeals.
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