Ex Parte Alaniz

Full title: EX PARTE MATEO ROBERTO ALANIZ, Applicant

Court: Court of Criminal Appeals of Texas

Date published: Jan 25, 2006

No. AP-75,326 (Tex. Crim. App. Jan. 25, 2006)

Opinion

No. AP-75,326

Delivered January 25, 2006. DO NOT PUBLISH.

On Application for Writ of Habeas Corpus from Webb County, in Cause No. 2004CRN000051-D1, In the Forty-Ninth Judicial District Court.

OPINION

PER CURIAM.

This is an application for a writ of habeas corpus filed pursuant to Article 11.07, TEX. CODE CRIM.PROC. Applicant was convicted of the offense of manslaughter and sentenced to confinement for ten years. No appeal was taken. Applicant contends that he pleaded guilty to manslaughter rather than murder, but that the Texas Department of Criminal Justice is treating his offense as murder. The trial court has adopted the State's findings of fact that Applicant pleaded guilty to manslaughter rather than murder. However, Applicant's judgment has not yet been reformed to reflect this fact. Relief is granted. The judgment in cause number 2004CRN000051-D1 in the 49^th Judicial District Court of Webb County shall hereby be reformed to reflect that Applicant was convicted of manslaughter. Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Criminal Institutional Division.