Gomez, Jorge

• Court: Court of Criminal Appeals of Texas
• Decided: August 19, 2020
• Docket: WR-91,360-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-91,360-01

EX PARTE JORGE GOMEZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2019-417,741-A IN THE 364TH DISTRICT COURT FROM LUBBOCK COUNTY

Per curiam. YEARY and SLAUGHTER , JJ., dissented.

OPINION

Applicant was convicted of possession of less than one gram of a controlled substance in

Penalty Group 1, methamphetamine, and sentenced to 268 days’ 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 that his plea was involuntary because, but for defense counsel’s failure

to investigate a pending federal case and advise Applicant about the consequences that the State

conviction would have on the sentencing range in his federal case, Applicant would not have pleaded

guilty. The trial court concludes that Applicant received ineffective assistance of trial counsel. 2

Relief is granted. Ex parte Moussazadeh, 361 S.W.3d 684, 692 (Tex. Crim. App. 2012). The

judgment in cause number 2019-417,741 in the 364th District Court of Lubbock County is set aside,

and Applicant is remanded to the custody of the Sheriff of Lubbock 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Delivered: August 19, 2020 Do not publish