Bazaldua, Francisco

Court of Criminal Appeals of Texas

Bazaldua, Francisco

DecidedJune 5, 2013

DocketWR-78,452-01

StatusPublished

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Bazaldua, Francisco, (Tex. 2013).

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Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-78,452-01

EX PARTE FRANCISCO BAZALDUA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2001CR6193-W1

IN THE 144TH DISTRICT COURT FROM BEXAR COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of indecency with a child by contact. His direct appeal was dismissed. Bazaldua v. State, No. 04-02-00922-CR (Tex. App.—San Antonio del. Feb. 12, 2003).

Applicant alleges that his no contest plea was involuntary, citing to Padilla v. Kentucky, 559 U.S. 356 (2010). Because the holding in Padilla is not retroactive, Applicant’s writ application is denied. See Chaidez v. United States, 132 S.Ct. 2101 (2012); Ex parte De Los Reyes, 392 S.W.3d 675 (Tex. Crim. App. 2013).

Filed: June 5, 2013

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