Ex parte Vasquez

499 S.W.3d 602, 2016 Tex. App. LEXIS 8111, 2016 WL 4055494
CourtCourt of Appeals of Texas
DecidedJuly 28, 2016
DocketNO. 01-15-00728-CR
StatusPublished
Cited by14 cases

This text of 499 S.W.3d 602 (Ex parte Vasquez) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex parte Vasquez, 499 S.W.3d 602, 2016 Tex. App. LEXIS 8111, 2016 WL 4055494 (Tex. Ct. App. 2016).

Opinions

OPINION

Jane Bland, Justice

Appellant, Jaime Vasquez, appeals the denial of his application for a writ of habe-as corpus filed seventeen years after his 1997 guilty plea and judgment of conviction for the offense of indecency with a child. Vasquez successfully completed six years’ deferred adjudication community supervision for the offense. The trial court denied Vasquez’s habeas application both on its merits and, alternatively, on the basis that the application was barred under the doctrine of laches because the delay in filing materially prejudiced the State. We affirm.

BACKGROUND

On May 28, 1996, Vasquez was charged with the felony offenses of aggravated sexual assault of a child under 14 years of age and indecency with a child by contact.1 Pursuant to a plea agreement, the State abandoned the aggravated sexual assault charge. Vasquez pleaded guilty to the offense of indecency with a child by contact. On March 14,1997, in accordance with the plea agreement, the trial court entered a judgment assessing punishment at six years’ deferred adjudication community supervision. Vasquez did not appeal the judgment and the judgment subsequently became final. On March 18, 2003, Vasquez fulfilled the conditions of his community supervision, and he was discharged.

[606]*606Prior to Vasquez’s completing his community supervision in March 2003, a federal immigration court ordered Vasquez deported to his home country of Mexico because Vasquez was not a legal resident in the United States when he pled guilty to the offense of indecency with a child. On May 20, 2004, the Board of Immigration Appeals (BIA) affirmed the immigration court’s determination that Vasquez was subject to removal.

On September 23, 2014, while in custody after attempting to reenter the United States, Vasquez filed this application for a writ of habeas corpus—seventeen years after his guilty plea and the subsequent final judgment, eleven years after being discharged from community supervision, and ten years after the BIA’s final order affirming his deportation. Vasquez asserts that he is currently confined and restrained because, as a result of the 1997 judgment, he was deported, cannot legally enter or remain in the United States, and is required to register as a sex offender. In requesting habeas relief, Vasquez complains that such collateral consequences of the 1997 judgment are an illegal confinement and restraint of his libei"ty because (1) he is actually innocent of the crime to which he pled guilty, (2) his guilty plea was involuntarily and unintelligently entered, and (3) he received ineffective representation from his defense counsel. On August 11, 2015, the trial court denied Vasquez’s habeas application. On appeal, Vasquez challenges the trial court’s determination that Vasquez failed to meet his 'burden to show that he is entitled to relief and that his claims are barred by laches. '

DISCUSSION ■

In its findings of fact and conclusions of law, the trial court found that (1) Vasquez failed to demonstrate any of the three grounds for relief asserted in his habeas application and (2) to the extent that there was- any merit to Vasquez’s claims, the requested habeas relief was barred by laches because “determining the details of the plea bargain, discussions among parties, and reprosecuting the case-in-ehief-are difficult and prejudice the State.”

I. Standard of Review

Texas Code of Criminal Procedure article 11.072 establishes the procedure for an applicant to seek habeas corpus relief “from an order or a judgment of conviction ordering community supervision.” Tex. Code Crim. Proc. Ann. art. 11.072, § 1 (West 2005). Under article 11.072, we have jurisdiction to consider appeals of denials of habeas corpus relief from such orders or judgments. Id. art. 11.072, § 8.

In reviewing a trial court’s ruling on a habeas corpus application, we view the facts in the light most favorable to the trial court’s ruling and uphold that ruling absent an abuse of discretion. See Ex parte Wheeler, 203 S.W.3d 317, 324 (Tex.Crim. App.2006); Kniatt v. State, 206 S.W.3d 657, 664 (Tex.Crim.App.2006). In an article 11.072 post-conviction habeas corpus proceeding, the trial judge is the sole finder of fact. See Ex parte Garcia, 353 S.W.3d 785, 788 (Tex.Crim.App.2011). Thus, in conducting our review, we defer to the trial court’s factual findings when supported by the record. See Ex parte Amezqwita, 223 S.W.3d 363, 367 (Tex.Crim.App.2006); Ex parte Thompson, 153 S.W.3d 416, 417-418 (Tex.Crim.App.2005). We similarly defer to the trial court’s rulings on the application of the law to fact questions if the resolution of those ultimate questions turns on an evaluation of credibility and demeanor. See Ex parte Peterson, 117 S.W.3d 804, 819 (Tex.Crim.App.2003), overruled on other grounds by Ex parte Lewis, 219 S.W.3d 335 (Tex.Crim.App.2007).

II. Actual Innocence

[607]*607Vasquez’s first ground for habeas relief alleges that he is actually innocent of the offense .of indecency with a child and that the complainant “has recently come forward and recanted her original statements to the police.” When asserting a claim of actual innocence based on newly discovered evidence, the evidence presented by the habeas applicant must constitute affirmative evidence of the applicant’s innocence. Ex 'parte Franklin, 72 S.W.3d 671, 678 (Tex.Crim.App.2002). Not only must the habeas applicant make a truly persuasive showing of innocence, he must also prove that the evidence he relies iipon is “newly discovered” or “newly available.” Ex parte Brown, 205 S.W.3d 538, 545 (Tex.Crim.App.2006). To succeed in an actual innocence Claim, the habeas applicant must demonstrate by clear and convincing evidence that no reasonable juror would have found him guilty in light of the new evidence. Ex parte Navarijo, 433 S.W.3d 558, 560 (Tex.Crim.App.2014). For the reasons below, we uphold the trial court’s denial of Vasquez’s actual innocence claim.

A. Newly Discovered Evidence

Vasquez’s claim of actual innocence rests upon his assertion that complainant recently recanted her statements. A request for habeas relief on a claim of actual innocence requires that the applicant demonstrate that his claim is based upon “newly, discovered” or “newly available” evidence:

Not only must the habeas applicant make a truly persuasive showing of innocence, he must also prove that the evidence he relies upon is “newly discovered” or “newly available.” The term “newly discovered evidence” refers to evidence that was not known to the applicant at the time of trial and could not be known to him even with the exercise of due diligence. He cannot rely upon evidence or facts that were available at the time of his trial, plea, or post-trial motions, such as a motion for new trial.

Brown, 205 S.W.3d at 545; see also Ex parte Holloway,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jay Morgan v. the State of Texas
Tex. App. Ct., 3rd Dist. (Austin), 2026
The State of Texas v. Gabriela Quiroz MacEdo
Court of Appeals of Texas, 2024
Ex Parte: Robert Kaufman v. the State of Texas
Court of Appeals of Texas, 2024
The State of Texas v. Corey Davison
Court of Appeals of Texas, 2024
Ex Parte Corey Davison v. the State of Texas
Court of Appeals of Texas, 2024
Ex Parte: Jason Jones v. the State of Texas
Court of Appeals of Texas, 2023
Dekameron Matlock v. the State of Texas
Court of Appeals of Texas, 2021
Ex Parte Gaspar Benavides Govea
Court of Appeals of Texas, 2019
Ex Parte Raul Alvarez
570 S.W.3d 442 (Court of Appeals of Texas, 2019)
Juan Ruben Garcia v. State
Court of Appeals of Texas, 2018
Patricia Skelton v. Guy James Gray
547 S.W.3d 272 (Court of Appeals of Texas, 2018)
Ex Parte Mitchell Wayne Watts
Court of Appeals of Texas, 2017

Cite This Page — Counsel Stack

Bluebook (online)
499 S.W.3d 602, 2016 Tex. App. LEXIS 8111, 2016 WL 4055494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-vasquez-texapp-2016.