Mata, Ex Parte Olga

• Court: Court of Criminal Appeals of Texas
• Decided: December 12, 2007
• Docket: AP-75,803
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,803 EX PARTE OLGA MATA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. D-1-DC-05-601577-A IN THE 390TH DISTRICT COURT

FROM TRAVIS COUNTY

Per curiam.

O P I N I O N

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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of robbery and sentenced to two years' imprisonment. She did not appeal her conviction.

Applicant contends that her plea was involuntary because she was not aware of the deportation consequences of pleading guilty to robbery.

Trial counsel filed an affidavit with the trial court. Based on that affidavit, the trial court determined that Applicant's plea of guilty was involuntary. Applicant is entitled to relief. Ex parte Huerta, 692 S.W.2d 681 (Tex. Crim. App. 1985).

Relief is granted. The judgment in Cause No. D-1-DC-05-601577 in the 390th Judicial District Court of Travis County is set aside, and Applicant is remanded to the custody of the sheriff of Travis County to answer the charge against her.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice - Correctional Institutions Division and the Parole Division.

Delivered: December 12, 2007

Do Not Publish