Mendiola, Ex Parte Richard

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,476 EX PARTE RICHARD MENDIOLA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

TRIAL COURT CAUSE NO. 40,623-A

IN THE 23rd JUDICIAL DISTRICT COURT

FROM BRAZORIA COUNTY

Per curiam.

O P I N I O N

This is an application for a writ of habeas corpus which was transmitted to this Court pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the offense of indecency with a child, and punishment was assessed at confinement for life. Applicant's judgment of conviction was affirmed on direct appeal. Mendiola v. State, 01-02-00556-CR (Tex. App.-Houston [1^st Dist.] 2002, pet. ref'd).

Applicant contends, and the trial court has made findings of fact and conclusions of law, which conclude that Applicant received ineffective assistance of counsel during the punishment stage of his trial. We agree. Applicant is remand to the Sheriff of Brazoria County for a new punishment hearing.

DELIVERED: July 26, 2006

DO NOT PUBLISH