Rabago, Ex Parte George

• Court: Court of Criminal Appeals of Texas
• Decided: September 14, 2005
• Docket: AP-75,242
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,242 EX PARTE GEORGE RABAGO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM BEXAR COUNTY

Per Curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq.. Applicant was convicted of the felony offense of aggravated robbery, and punishment was assessed at 15 years confinement.

Applicant contends that counsel was ineffective for failing to object to certain statements made by the trial judge to the jury. After a hearing, the habeas court entered findings of fact and conclusions of law that counsel did not have a strategic reason for failing to object and that he was ineffective for failing to do so. The habeas court recommended that Applicant be granted relief and his case be remanded for retrial. We agree.

Habeas corpus relief is granted and Applicant is ordered returned to the Sheriff of Bexar County to answer to the indictment.

DO NOT PUBLISH

DELIVERED: September 14, 2005