Opinion
NO. WR-86,747-01
05-17-2017
EX PARTE HECTOR SANTIAGO PIEDRA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 20120D02337-168-1 IN THE 168TH DISTRICT COURT FROM EL PASO COUNTY Per curiam. ORDER
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). Pursuant to a plea bargain, Applicant was convicted of aggravated assault with a deadly weapon (Count I) and evading arrest or detention with a vehicle (Count II) and sentenced to two years' imprisonment in each count, to run concurrent.
Applicant contends the State erroneously stated the charge, in Count II, of evading arrest or detention with a vehicle, was a third degree felony. At the time of the offense in 2011, evading arrest or detention with a vehicle was a state jail felony. TEX. PENAL CODE § 38.04(a)(1)(B).
The trial court has entered agreed findings, recommending the judgment be reformed to reflect a conviction in Count II for a state jail felony. The judgment is correctable by a judgment nunc pro tunc. All other relief requested is denied.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division. Delivered: May 17, 2017
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