Capetillo, Ex Parte Jose Humberto

• Court: Court of Criminal Appeals of Texas
• Decided: December 14, 2005
• Docket: AP-75,311
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,311 EX PARTE JOSE HUMBERTO CAPETILLO, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM ANGELINA COUNTY

Per curiam.

O P I N I O N

This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pled guilty to aggravated assault and was placed on community supervision in accordance with a plea agreement for a period of ten years. As a condition of community supervision, Applicant was to successfully complete a substance abuse treatment program at a Substance Abuse Felony Punishment Facility (SAFPF).

However, Applicant was determined by the Texas Department of Criminal Justice to be ineligible to enter a SAFPF program because of an Immigration and Naturalization Service detainer. Applicant was returned to county jail, and the State filed a motion to revoke Applicant's community supervision because Applicant had failed to attend and successfully complete that SAFPF program. Applicant pled true to the allegation, and the trial court sentenced Applicant to prison for two years. There was no direct appeal.

In his application for a writ of habeas corpus, Applicant argues that his community supervision was improperly revoked because his failure to attend and complete the SAFPF program was beyond his control. After a review of the record, this Court agrees. Consequently, habeas corpus relief is granted.

The judgment and sentence in Cause Number CR-25008-A of the 217th Judicial District Court of Angelina County, to the extent that they revoke Applicant's community supervision, are vacated. Applicant is to be remanded to the custody of the Sheriff of Angelina County for further proceedings consistent with this opinion.

A copy of this opinion shall be sent to the Department of Criminal Justice, Institutional Division.

DELIVERED: December 14, 2005

DO NOT PUBLISH