Hoffpauir, Ex Parte Kenneth Author

Court of Criminal Appeals of Texas

Hoffpauir, Ex Parte Kenneth Author

DecidedMarch 8, 2006

DocketAP-75,356

StatusPublished

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Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,356 EX PARTE KENNETH AUTHOR HOFFPAUIR, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM CAUSE NO. 85281-A FROM THE CRIMINAL DISTRICT COURT OF JEFFERSON COUNTY

Per curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq. Applicant pleaded guilty to the felony offense of indecency with a child, and punishment, enhanced to the habitual offender level, was assessed at thirty years' confinement. Applicant's direct appeal was dismissed for want of jurisdiction. Hoffpauir v. State, No. 09-03-050-CR (Tex. App. - Beaumont, delivered March 6, 2003, no pet.).

Applicant contends, inter alia, that his plea of no contest was not entered knowingly and voluntarily, because counsel advised him that he was pleading to a "non-aggravated" or "non-3G" offense, when in fact the judgment reflects that the conviction was under Article 21.11, Section (a)(1) of the Texas Penal Code, which is listed in Section 3G of Article 42.12 of the Texas Code of Criminal Procedure. The trial court entered findings of fact and conclusions of law recommending that Applicant be granted relief insofar as the judgment should be reformed to reflect the non-3G offense. We agree. The plea papers in this cause do not indicate that Applicant pleaded no contest to indecency with a child under Article 21.11, Section (a)(1).

Habeas corpus relief is granted and the judgment in cause number 85281-A from the Criminal District Court of Jefferson County is ordered reformed to reflect a conviction under Article 21.11, Section (a)(2). Copies of this opinion and of the reformed judgment shall be delivered to the Texas Department of Criminal Justice, Institutional Division. Applicant's remaining claims are without merit, and are denied.

DO NOT PUBLISH

DELIVERED: March 8, 2006

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,356 EX PARTE KENNETH AUTHOR HOFFPAUIR, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM CAUSE NO. 85281-A FROM THE CRIMINAL DISTRICT COURT OF JEFFERSON COUNTY

Per curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq. Applicant pleaded guilty to the felony offense of indecency with a child, and punishment, enhanced to the habitual offender level, was assessed at thirty years' confinement. Applicant's direct appeal was dismissed for want of jurisdiction. Hoffpauir v. State, No. 09-03-050-CR (Tex. App. - Beaumont, delivered March 6, 2003, no pet.).

Applicant contends, inter alia, that his plea of no contest was not entered knowingly and voluntarily, because counsel advised him that he was pleading to a "non-aggravated" or "non-3G" offense, when in fact the judgment reflects that the conviction was under Article 21.11, Section (a)(1) of the Texas Penal Code, which is listed in Section 3G of Article 42.12 of the Texas Code of Criminal Procedure. The trial court entered findings of fact and conclusions of law recommending that Applicant be granted relief insofar as the judgment should be reformed to reflect the non-3G offense. We agree. The plea papers in this cause do not indicate that Applicant pleaded no contest to indecency with a child under Article 21.11, Section (a)(1).

Habeas corpus relief is granted and the judgment in cause number 85281-A from the Criminal District Court of Jefferson County is ordered reformed to reflect a conviction under Article 21.11, Section (a)(2). Copies of this opinion and of the reformed judgment shall be delivered to the Texas Department of Criminal Justice, Institutional Division. Applicant's remaining claims are without merit, and are denied.

DO NOT PUBLISH

DELIVERED: March 8, 2006

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