Sarquis, Juan Enrique Jr.

• Court: Court of Criminal Appeals of Texas
• Decided: March 30, 2022
• Docket: WR-88,008-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-88,008-03

EX PARTE JUAN ENRIQUE SARQIS JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2013-DCR-02588-B IN THE 138TH DISTRICT COURT FROM CAMERON COUNTY

Per curiam.

OPINION

Applicant pleaded guilty to aggravated assault with a deadly weapon and was sentenced to

twelve years’ imprisonment. 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 his plea was involuntary because trial counsel failed to inform him

that he was pleading guilty in exchange for a three-year sentence, not a twelve-year sentence. Based

on the record, the trial court has determined that trial counsel was ineffective and that Applicant’s

plea was involuntary.

Relief is granted. Ex parte Morrow, 952 S.W.2d 530, 536 (Tex. Crim. App. 1997). The 2

judgment in cause number 2013-DCR-02588-B in the 138th District Court of Cameron County is

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

charges as set out in the indictment. 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Delivered: March 30, 2022 Do not publish