Carmona, Ex Parte Carlos

• Court: Court of Criminal Appeals of Texas
• Decided: March 1, 2006
• Docket: AP-75,184
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

AP-75,182,

AP-75,183, & AP-75,184

Ex parte CARLOS CARMONA, Applicant

Applications for Writs of Habeas Corpus in Cases from

Dallas County

Womack, J., filed a concurring opinion.

It seems to me there are three issues.

The first is, shall habeas corpus relief be granted from a judgment revoking community supervision when the judge of the convicting court has found from the testimony of recanting witnesses, and this Court agrees, that the defendant did not violate the conditions of his community supervision? I would hold that, if habeas corpus relief from a judgment of guilt beyond a reasonable doubt will be granted on the basis of recantations, as this court has held, ⁽¹⁾ then it must follow that relief from a community-supervision revocation will be granted.

Second, is habeas corpus relief on that basis available in the particular kind of community supervision called "deferred adjudication," despite the statutory provision, "No appeal may be taken from this determination" ⁽²⁾? For the reasons given in the opinion of the Court, ante at 7, I agree that it is.

Finally, is the relief the Court gives in this case proper? I agree that it is.

Filed March 1, 2006.

Publish.

1.

See Ex parte Elizondo, 947 S.W.2d 202 (Tex. Cr. App. 1996).

2.

See Code Crim. Proc. art 42.12, § 5(b).