Altamirano, Ex Parte Linda Friss

• Court: Court of Criminal Appeals of Texas
• Decided: October 5, 2005
• Docket: AP-75,256
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,256 EX PARTE LINDA FRISS ALTAMIRANO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

IN CAUSE NUMBER A-28,353-A IN THE 70TH DISTRICT COURT

FROM ECTOR COUNTY

Per curiam.

O P I N I O N

Appellant was convicted of aggravated kidnaping and punishment was assessed at confinement for ten years. This conviction was affirmed. Altamirano v. State, No. 08-01-235-CR (Tex.App. - El Paso, delivered April 17, 2003, no pet.).

Applicant contends that her trial counsel was ineffective and the judge presiding over her trial was biased against her. An assigned judge presided over an evidentiary hearing in this cause and entered detailed findings of fact, concluding that trial counsel was ineffective in failing to call two witnesses to corroborate applicant's testimony in a case which was based on a credibility determination, and that the trial judge had exhibited bias by becoming involved in the prosecution of this charge prior to return of the indictment. The hearing judge has recommended that relief be granted.

Therefore, Applicant is entitled to relief. The judgment in cause number A-28,353 in the 70th Judicial District Court of Ector County is set aside, and applicant is remanded to answer the charges against her.

DELIVERED: October 5, 2005

DO NOT PUBLISH