Opinion
No. AP-75,476
Delivered: July 26, 2006. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus, Trial Court Cause No. 40,623-a, in the 23rd Judicial District Court, From Brazoria County.
OPINION
This is an application for a writ of habeas corpus which was transmitted to this Court pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the offense of indecency with a child, and punishment was assessed at confinement for life. Applicant's judgment of conviction was affirmed on direct appeal. Mendiola v. State, 01-02-00556-CR (Tex.App.-Houston [1st Dist.] 2002, pet. ref'd). Applicant contends, and the trial court has made findings of fact and conclusions of law, which conclude that Applicant received ineffective assistance of counsel during the punishment stage of his trial. We agree. Applicant is remand to the Sheriff of Brazoria County for a new punishment hearing.