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EX PARTE MELQUIADES, 348-01. (2019)

Court: Court of Criminal Appeals of Texas Number: intxco20190130675 Visitors: 19
Filed: Jan. 30, 2019
Latest Update: Jan. 30, 2019
Summary: DO NOT PUBLISH OPINION PER CURIAM . 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 possession of a controlled substance and sentenced to 180 days' imprisonment. He did not appeal his conviction. Applicant contends that guilty-plea counsel failed to advise him of
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DO NOT PUBLISH

OPINION

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 possession of a controlled substance and sentenced to 180 days' imprisonment. He did not appeal his conviction.

Applicant contends that guilty-plea counsel failed to advise him of the deportation consequences of his plea. The trial court concluded that counsel was deficient and rendered Applicant's plea involuntary.

Relief is granted. The judgment in Cause No. 1503348 in the 185th District Court of Harris County is set aside, and Applicant is remanded to the custody of the Sheriff of Harris County to answer the charges as set out in the indictment. The trial court shall issue any necessary bench warrant within 10 days after the mandate of this Court issues.

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

Source:  Leagle

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