Ex Parte Hudson

Full title: EX PARTE JUSTIN LINK HUDSON, Applicant

Court: Court of Criminal Appeals of Texas

Date published: Apr 5, 2006

Nos. AP-75,374, AP-75,375, AP-75,376 (Tex. Crim. App. Apr. 5, 2006)

Opinion

Nos. AP-75,374, AP-75,375, AP-75,376

Delivered: April 5, 2006. DO NOT PUBLISH.

On Applications for a Writ of Habeas Corpus, Cause Nos. 00-1022, 00-1023, and 00-1024 in the 198^th Judicial, District Court from Mason County.

OPINION

PER CURIAM.

These are post-conviction applications for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq. Applicant was convicted, in three separate causes, of two counts of aggravated sexual assault, one count aggravated sexual assault, and felony escape. The punishment was assessed at confinement for thirty-five years on each count of aggravated sexual assault with one count to run consecutively, and ten years for the felony escape conviction. The Applicant's aggravated sexual assault convictions were affirmed on direct appeal. Hudson v. State, 04-00-00482-CR and 04-00-00483-CR (Tex.App.-San Antonio, delivered July 25, 2001, pet. ref'd.). Applicant's felony escape conviction was also affirmed on direct appeal. Hudson v. State, 04-00-00484-CR (Tex.App.-San Antonio, delivered July 25, 2001, no pet.). Applicant contends, inter alia, that he was denied the right to ineffective assistance of counsel at trial. Specifically, the Applicant contends that counsel had negotiated a comprehensive plea agreement for a much lower overall sentence than the one handed down in these causes. However, due to counsel's failure to communicate with the prosecutor, the trial court, and the trial court coordinator, the plea agreement was withdrawn and Applicant was compelled to go to trial in all three causes. The trial court has entered findings of fact and conclusions of law, based upon the written record and counsel's affidavit, that counsel did render ineffective assistance and it recommends that relief be granted. We agree. Habeas corpus relief is granted. Applicant's convictions in cause numbers 00-102, 00-1023, 00-1024 from the 198^th District Court of Mason County are hereby vacated, and the Applicant is remanded to the Sheriff of Mason County to answer the charges set out in the indictments.