Mukimiyan, Milat

• Court: Court of Criminal Appeals of Texas
• Decided: September 27, 2023
• Docket: WR-94,933-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-94,933-02

EX PARTE MILAT MUKIMIYAN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 11-430-K26 B IN THE 26TH DISTRICT COURT FROM WILLIAMSON COUNTY

Per curiam. YEARY, J., filled a dissenting opinion in which KEEL and SLAUGHTER, JJ., joined.

OPINION

Applicant was convicted of fraudulent use of identifying information and sentenced to one

year imprisonment in county jail. He did not appeal his conviction. 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 trial counsel rendered ineffective assistance because they failed to

advise him of the deportation consequences of his guilty plea, as required by Padilla v. Kentucky,

559 U.S. 356 (2010). Based on the record, the trial court has determined that Applicant’s plea was

involuntary because trial counsel’s performance was deficient and Applicant was prejudiced. The 2

State agrees that Applicant is entitled to relief under Padilla.

Relief is granted. The judgment in cause number 11-430-K26 in the 26th District Court of

Williamson County is set aside, and Applicant is remanded to the custody of the Sheriff of

Williamson County to answer the charges as set out in the information. 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Delivered: September 27, 2023 Do not publish