State of Texas v. Carpio-Cruz, Ex Parte Juan

393 S.W.3d 787, 2013 WL 1136526, 2013 Tex. Crim. App. LEXIS 530

Opinion

OPINION

PER CURIAM.

Appellant was charged with felony possession of a controlled substance. The charge was reduced to a Class A misdemeanor. He pleaded guilty and was sentenced to ten days in jail.

Appellant filed a writ application pursuant to Art. 11.072 alleging that he received ineffective assistance of counsel under Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010). The trial court denied relief. On appeal, the Court of Appeals reversed, holding that counsel’s performance was deficient under Padilla. Aguilar v. State, 375 S.W.3d 518 (Tex.App.-Houston [14th Dist.] 2012).

The State has filed a petition for discretionary review of this decision. The U.S. Supreme Court recently held that, under Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989), Padilla does not have retroactive effect. Chaidez v. United States, - U.S. -, 133 S.Ct. 1103, 185 L.Ed.2d 149 (2013). Today, we adopted that Court’s reasoning as a matter of state law in Ex parte De Los Reyes, 392 S.W.3d 675 (Tex.Crim.App.2013).

The Court of Appeals in the instant case did not have the benefit of our opinion in De Los Reyes. Accordingly, we grant the State’s petition for discretionary review, vacate the judgment of the Court of Appeals, and remand this case to the Court of Appeals in light of De Los Reyes.