Villanueva, Ex Parte Javier

• Court: Court of Criminal Appeals of Texas
• Decided: May 10, 2006
• Docket: AP-75,398
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. 75,398 & 75,399 EX PARTE JAVIER VILLANUEVA, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. 58934 & 59744 IN THE 346^TH DISTRICT COURT

EL PASO COUNTY

Per curiam.

O P I N I O N

These are post-conviction applications for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq.. Applicant was convicted of the felony offenses of aggravated assault and aggravated kidnapping, both committed in 1990. He was sentenced to confinement for twenty years and twenty-five years, respectively. No direct appeals were taken.

The trial court entered findings of fact and conclusions of law recommending that Applicant be granted new punishment hearings for his aggravated kidnapping conviction as well as his aggravated assault conviction. We agree. Applicant pleaded guilty to second-degree aggravated kidnapping and third-degree aggravated assault. The proper punishment range was two to twenty years and two to ten years, respectively.

Habeas corpus relief is granted. Applicant's sentences in cause numbers 58934 and 59744 from the 346^th District Court of El Paso County are set aside, and Applicant is remanded to the custody of the Sheriff of El Paso County for new sentencing hearings. Applicant's remaining claims are denied on the findings of the trial court.

DO NOT PUBLISH

DELIVERED: May 10, 2006