Vega, Ex Parte Cecil Ray

• Court: Court of Criminal Appeals of Texas
• Decided: June 27, 2007
• Docket: AP-75,718
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,718 EX PARTE CECIL RAY VEGA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 24025A-422 IN THE 422^ND JUDICIAL DISTRICT COURT

FROM KAUFMAN 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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of delivery of a controlled substance and sentenced to eight years' imprisonment. He did not appeal his conviction.

Applicant contends, among other things, that trial counsel was ineffective for (1) not objecting to the trial court's failure to properly admonish Applicant; (2) not objecting to the inclusion of both Tex. Health & Safety Code § 481.134(b) and § 481.134(c) in the judgment; and (3) telling Applicant that his sentence would be discharged within one year. Applicant also contends that his plea was rendered involuntary because he was not properly admonished by the trial court.

On January 10, 2007, we remanded this application and instructed the trial court to enter findings of fact and conclusions of law. On remand, trial counsel prepared an affidavit. Based on that affidavit and the record, the trial court concluded that trial counsel was not ineffective and that Applicant's plea was not rendered involuntary. We agree. But we find that the judgment in Applicant's case should not have included references to both Tex. Health & Safety Code § 481.134(b) and § 481.134(c), and that Applicant should not have been convicted of a first degree felony. See Young v. State, 14 S.W.3d 748 (Tex. Crim. App. 2000). Accordingly, we grant relief on other grounds. The judgment in cause number 24025A-422 in the 422^nd Judicial District Court of Kaufman County shall be reformed to show that Applicant was convicted of a second, not first, degree felony and punished pursuant to Tex. Health & Safety Code § 481.134(c), not § 481.134(b). In all other respects, we deny relief.

Filed: June 27, 2007

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