Ex Parte Christensen

Full title: Ex Parte BRUCE L. CHRISTENSEN Applicant

Court: Court of Criminal Appeals of Texas

Date published: Jan 31, 2007

No. AP-75,602 (Tex. Crim. App. Jan. 31, 2007)

Opinion

No. AP-75,602

Delivered: January 31, 2007. DO NOT PUBLISH.

On Application for A Writ of Habeas Corpus Cause No. 2001-CR-4986-W1 In the 226^TH District Court from Bexar County.

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 three counts of aggravated sexual assault and sentenced to thirty years' imprisonment for each conviction. The Fourth Court of Appeals affirmed his convictions. Christensen v. State, No. 04-02-00397-CR (Tex.App.-San Antonio, delivered July 16, 2003, no pet.). Applicant contends that he pleaded no contest to count nine of the indictment, which alleged sexual assault. He argues that he should have been sentenced to two to twenty years for sexual assault, but was instead sentenced to thirty years for aggravated sexual assault. In addition, he contends that trial counsel was ineffective for advising him that he had been charged with ten counts of aggravated sexual assault. We remanded the application to the trial court for findings of fact and conclusions of law. Trial counsel filed an affidavit with the trial court. Based on that affidavit and testimony from Applicant, the trial court found that counsel's advice was not deficient and concluded that counsel was not ineffective. We agree. The trial court, however, found that Applicant pleaded no contest to count nine of the indictment, sexual assault, and that Applicant should have been convicted of two counts of aggravated sexual assault and one count of sexual assault. The trial court recommended that we vacate Applicant's conviction and punishment for count nine. We agree. Accordingly, relief is granted in part. The judgment, as it relates to count nine of the indictment, in Cause No. 2001-CR-4986 in the 226^th Judicial District Court of Bexar County is set aside, and Applicant is remanded to the custody of the Sheriff of Bexar County to answer the charges against him. Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division.