Figeroa, Michael

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-81,516-01

EX PARTE MICHAEL FIGEROA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2009-423,705 IN THE 137TH DISTRICT COURT FROM LUBBOCK COUNTY

Per curiam.

OPINION

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of

aggravated assault and sentenced to ten years’ imprisonment for Count I and five years’

imprisonment for Count II. He did not appeal his convictions.

Applicant contends, among other things, that his convictions violate double jeopardy because

he was punished twice for the same offense. The State agrees that relief should be granted. We agree

with the trial court’s conclusion that Applicant has suffered multiple punishments for the same 2

offense. Applicant is entitled to relief.

Relief is granted. The judgment in Count II of Cause No. 2009-423,705 in the 137th Judicial

District Court of Lubbock County is vacated and set aside. All remaining issues challenging the

judgment in Count I are denied.

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

Institutions Division and Parole Division.

Delivered: November 5, 2014 Do Not Publish