Chavez, Ex Parte Jose Paulino

• Court: Court of Criminal Appeals of Texas
• Decided: April 5, 2006
• Docket: AP-75,368
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-75,368 & AP-75,369 EX PARTE JOSE PAULINO CHAVEZ, Applicant

ON APPLICATIONS FOR WRIT OF HABEAS CORPUS

IN CAUSE NUMBERS 874365 & 874366 IN THE 338TH

DISTRICT COURT OF HARRIS COUNTY

Per curiam.

O P I N I O N

These are post-conviction applications for writ of habeas corpus filed pursuant to Article 11.07, TEX.CODE CRIM.PROC. Applicant was convicted of aggravated robbery and aggravated sexual assault on his pleas of guilty. Punishment was assessed at imprisonment for thirty-five years. No appeal was taken from these convictions.

Applicant contends that his pleas were involuntary because his trial counsel incorrectly told him that if he were convicted of both offenses in a single trial the judge could order the sentences to run consecutively. The trial court has conducted a hearing and entered findings of fact that counsel gave Applicant incorrect advice on the law relating to consecutive sentences, and that Applicant would not have pled guilty if counsel had not incorrectly advised him of the law. Applicant is entitled to relief.

Relief is granted. Applicant's sentences in cause numbers 874365 and 874366 in the 388^th Judicial District Court of Harris County are set aside, and Applicant is remanded to answer the charges against him.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Correctional Institutions Division.

DELIVERED: April 5, 2006

DO NOT PUBLISH