Ortegon, Ex Parte Aaron

• Court: Court of Criminal Appeals of Texas
• Decided: January 19, 2005
• Docket: AP-75,069
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

AP-75,069 EX PARTE AARON ORTEGON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2003CR5939W IN THE 227^TH DISTRICT COURT

BEXAR COUNTY

The opinion was delivered per curiam.

O P I N I O N

This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.07, V.A.C.C.P. Applicant was convicted of robbery and was sentenced to twelve years in prison. No appeal was taken from this conviction.

Applicant contends his plea of nolo contendere was involuntary because he relied on misleading advice from his attorney. Counsel represented to Applicant he would receive community supervision in exchange for a plea of nolo contendere. The trial court concluded, based upon the record, that Applicant's plea was involuntary. We agree. Counsel's advice was not within the range of competence demanded of attorneys in criminal cases. Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052 (1984). There is a reasonable probability that, but for counsel's errors, Applicant would not have entered a plea of nolo contendere. Id.

Relief is granted. The judgment in cause number 2003CR5939W from the 227^th Judicial District Court of Bexar County is vacated. Applicant is remanded to the custody of the sheriff of Bexar County to answer the charges against him.

DELIVERED: January 19, 2005

DO NOT PUBLISH