Sanchez, Ex Parte Jesus David

• Court: Court of Criminal Appeals of Texas
• Decided: July 26, 2006
• Docket: AP-75,471
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,471 EX PARTE JESUS DAVID SANCHEZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 01-CR-200-G IN THE 404TH DISTRICT COURT

FROM CAMERON COUNTY

Per curiam.

O P I N I O N

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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of four counts of aggravated sexual assault and sentenced to twenty-three years' imprisonment. The 13^th Court of Appeals affirmed his conviction. Sanchez v. State, No. 13-02-453-CR (Tex. App - Corpus Christi, delivered August 5, 2004, no pet.)

Applicant contends, inter alia, that the jury convicted him of two counts based on acts which were not included within the definition of aggravated sexual assault at the time those acts were committed. The trial court found that Counts V and VII alleged that applicant caused the mouth of the complainant to contact his sexual organ in 1992 and 1993, but that Penal Code § 22.021(a)(1)(B)(v) proscribing such conduct did not become effective until 1997. Allowing such convictions would violate ex post facto provisions of the Texas and United States constitutions. See Ieppert v. State, 908 S.W.2d 217 (Tex. Crim. App. 1995).

Relief is granted. The judgment in Cause No. 01-CR-200-G in the 404th Judicial District Court of Cameron County is reformed to delete reference to convictions for Counts V and VII, and those convictions are set aside. All other requested relief is denied.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division.

Delivered: July 26, 2006

Do Not Publish