Rolando, Ex Parte Jose

• Court: Court of Criminal Appeals of Texas
• Decided: October 26, 2005
• Docket: AP-75,274
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

AP-75,274 EX PARTE JOSE ROLANDO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

IN CAUSE NO. 687578 IN THE 228TH JUDICIAL COURT

OF HARRIS 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. Applicant was convicted of robbery and punishment was assessed at confinement for twelve years. No direct appeal was taken.

Applicant contends that he was sixteen years old at the time he committed this offense and was never certified to stand trial as an adult, so this conviction is invalid. The trial court entered findings of fact that Applicant was sixteen years old at the time this 1995 offense was committed, and Applicant was not certified by juvenile court to be tried as an adult.. Article 4.18, Tex. Code Crim. Proc., applies only to offenses committed after December 31, 1995, so Applicant is entitled to relief. Ex parte Waggoner, 61 S.W.3d 429 (Tex. Crim. App. 2005.)

Habeas corpus relief is granted. The judgment in cause number 687578 from the 228th District Court of Harris County is set aside, and Applicant is remanded to the custody of the Harris County Juvenile Court.

DO NOT PUBLISH

DELIVERED: October 26, 2005