Opinion
Nos. AP-75,173, AP-75,174, AP-75,175
Delivered: May 18, 2005. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus Cause Numbers F97-76865-M, F98-29173-M, and F97-23242-M. In the 194th Judicial District Court, Dallas County.
OPINION
This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Texas Code of Criminal Procedure, Article 11.07. Ex parte Young, 418 S.W.2d 824, 824 (Tex.Crim.App. 1967). Applicant was convicted of the offense of theft, and punishment was assessed at confinement for 20 years. No appeal was made. Applicant contends that he was improperly sentenced because his attorney was not present at his sentencing hearing. The record contains an affidavit from trial counsel and the reporter's record from the sentencing hearing, both of which indicate that counsel was not present at the sentencing hearing. The trial court has entered findings of fact or conclusions of law finding that Applicant has not presented grounds upon which relief should be granted. We disagree. This Court has held that a defendant is entitled to the assistance of counsel at a sentencing hearing. See Perez v. State, 578 S.W.2d 753 (Tex.Crim.App. 1979). Habeas relief is granted and Applicant is granted a new sentencing hearing in cause numbers F97-76865-M, F98-29173-M, and F97-23242-M from the 194th District Court of Dallas County.