Mirola, Jesus

• Court: Court of Criminal Appeals of Texas
• Decided: August 21, 2019
• Docket: WR-86,657-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-86,657-02

EX PARTE JESUS MIROLA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F46009B IN THE 413TH DISTRICT COURT FROM JOHNSON COUNTY

Per curiam.

ORDER

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).

In a single indictment, Applicant was charged with two counts of indecency with a child by

contact and one count of indecency with a child by exposure. Under a plea agreement, he pled guilty

to one count of indecency by contact and one count of indecency by exposure for deferred-

adjudication probations; the State abandoned the other count of indecency by contact. The State later

alleged that Applicant violated the deferred-probations. After a contested revocation hearing, the trial 2

court revoked the deferred probations, and it assessed a twenty-year sentence for the indecency by

contact offense and a ten-year sentence—probated for ten years—for the indecency by exposure

offense. In this habeas application, Applicant alleges that his guilty pleas were involuntary due to

the ineffective assistance of his trial counsel and that his appellate counsel provided ineffective

assistance. Applicant fails to show entitlement to habeas relief.

Applicant’s habeas challenge to the probated sentence for indecency by exposure is dismissed

because “an applicant must file an application for writ of habeas corpus under Texas Code of

Criminal Procedure 11.072 in the trial court in which community supervision was imposed in order

to attack a judgment of conviction ordering community supervision.” Ex parte Hiracheta, 307

S.W.3d 323, 325 (Tex. Crim. App. 2010). Applicant’s habeas challenge to the to the final conviction

for indecency by contact lacks merit and is denied.

Filed: August 21, 2019 Do not publish