Escamilla, Richard Jereidiah

• Court: Court of Criminal Appeals of Texas
• Decided: December 11, 2024
• Docket: WR-96,012-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-96,012-01

EX PARTE RICHARD JEREIDIAH ESCAMILLA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W-2171824-A IN THE CRIMINAL DISTRICT COURT NO. 1 FROM DALLAS COUNTY

Per curiam. SLAUGHTER, J. concurred.

OPINION

Applicant pleaded guilty to possession of a controlled substance and was sentenced to three

years’ imprisonment. Applicant filed this application for a writ of habeas corpus in the county of

conviction, and the district clerk forwarded it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.

Applicant contends, among other things, that his plea was involuntary due to the ineffective

assistance of counsel. Based on the record, the trial court has determined that trial counsel’s

performance was deficient, and that Applicant would have insisted on a trial but for counsel’s

deficient performance.

We agree. Relief is granted. Hill v. Lockhart, 474 U.S. 52 (1985); Strickland v. Washington,

466 U.S. 668 (1984). The judgment in cause number F-21-71824 in the Criminal District Court No. 2

1 of Dallas County is set aside, and Applicant is remanded to the custody of the Sheriff of Dallas

County to answer the charges as set out in the indictment. 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Delivered: December 11, 2024 Do not publish