Castillo, Ariel Osvaldo

• Court: Court of Criminal Appeals of Texas
• Decided: March 1, 2023
• Docket: WR-94,546-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NOS. WR-94,546 -01 & -02

EX PARTE ARIEL OSVALDO CASTILLO, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 2014CR7041W-W1 & 2014CR7040W-W1 IN THE 186TH DISTRICT COURT FROM BEXAR COUNTY

Per curiam. HERVEY , J., did not participate.

OPINION

Applicant was convicted of two offenses of aggravated robbery and sentenced to concurrent

terms of ten years’ imprisonment. Applicant filed these applications for writs of habeas corpus in

the county of conviction, the district court appointed habeas counsel, and the district clerk forwarded

the habeas applications and records to this Court. See TEX . CODE CRIM . PROC. art. 11.07.

Applicant had pled no contest for deferred adjudication community supervision. The trial

court later revoked the probations, found Applicant guilty of the offenses, and assessed prison terms.

In habeas, Applicant alleges that his revocation counsel provided ineffective assistance. Applicant

and the State filed agreed findings that the trial court adopted. The trial court recommends granting

habeas relief. The findings and recommendation are supported by the record and applicable law. 2

Relief is granted. Cuyler v. Sullivan, 446 U.S. 335 (1980); Acosta v. State, 233 S.W.3d 349

(Tex. Crim. App. 2007). The judgments in cause numbers 2014CR7041W and 2014CR7040W in

the 186th District Court of Bexar County are set aside, and Applicant is remanded to the custody of

the Sheriff of Bexar County to answer the charges as set out in the State’s motions to revoke the

probations. The trial court shall issue any necessary bench warrant within ten days from the date of

this Court’s mandate.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and the Board of Pardons and Paroles.

Delivered: MARCH 01, 2023 Do not publish