Alaniz, Ex Parte Mateo Roberto

• Court: Court of Criminal Appeals of Texas
• Decided: January 25, 2006
• Docket: AP-75,326
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,326 EX PARTE MATEO ROBERTO ALANIZ, Applicant



ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM WEBB COUNTY

IN CAUSE NO. 2004CRN000051-D1

IN THE FORTY-NINTH JUDICIAL DISTRICT COURT

Per curiam

O P I N I O N

This is an application for a writ of habeas corpus filed pursuant to Article 11.07, TEX.CODE CRIM.PROC. Applicant was convicted of the offense of manslaughter and sentenced to confinement for ten years. No appeal was taken.

Applicant contends that he pleaded guilty to manslaughter rather than murder, but that the Texas Department of Criminal Justice is treating his offense as murder. The trial court has adopted the State's findings of fact that Applicant pleaded guilty to manslaughter rather than murder. However, Applicant's judgment has not yet been reformed to reflect this fact.

Relief is granted. The judgment in cause number 2004CRN000051-D1 in the 49^th Judicial District Court of Webb County shall hereby be reformed to reflect that Applicant was convicted of manslaughter.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Criminal Institutional Division.

DELIVERED: January 25, 2006

DO NOT PUBLISH