Ex Parte Garcia

Full title: EX PARTE ERNESTO ALONSO GOMEZ GARCIA, Applicant

Court: Court of Criminal Appeals of Texas

Date published: Jun 14, 2006

Nos. AP-75,438, AP-75,439, AP-75,440 (Tex. Crim. App. Jun. 14, 2006)

Opinion

Nos. AP-75,438, AP-75,439, AP-75,440

Delivered: June 14, 2006. DO NOT PUBLISH.

On Applications for Writ of Habeas Corpus, in Cause Numbers CR-927-02-C, CR-267-01-C, CR-256-01-C, from the 139^th District Court of Hidalgo County.

OPINION

PER CURIAM.

These are post-conviction applications for writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. Art. 11.07, § 3. Applicant was convicted of injury to a child, aggravated assault, and assault on a public servant. Punishment was assessed at confinement for seven years. No direct appeal was taken. Applicant contends that his guilty pleas were not knowingly entered. The trial court has entered findings of fact and conclusions of law that Applicant's pleas in these convictions were involuntary, and recommends that relief be granted. Relief is granted. Applicant's sentences in cause numbers CR-927-02-C, CR-267-01-C, and CR-256-01-C in the 139^th Judicial District Court of Hidalgo County are set aside, and Applicant is remanded to the Sheriff of Hidalgo County to answer the charges against him. Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Criminal Institutions Division.