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EX PARTE SPARKS

No. AP-75083.

206 S.W.3d 680 (2006)

Ex parte Randolph Roy SPARKS, Applicant.

Court of Criminal Appeals of Texas.

Rehearing Denied November 15, 2006.

Attorney(s) appearing for the Case

Karen K. Suggs, Dallas, for Appellant.

Kathleen A. Walsh, Assistant District Atty., Denton, Matthew Paul, State's Atty., Austin, for State.

OPINION

WOMACK, J., delivered the opinion for a unanimous Court.

The issue is whether post-conviction habeas corpus is available when a felony conviction was rendered on a guilty plea when in fact the offense was a misdemeanor. We hold that it is.

The State indicted Sparks for the offense of driving while intoxicated. Such an offense is a Class B misdemeanor1 unless it is shown...

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