Ex parte Pue

Full title: EX PARTE JEREMY WADE PUE, Applicant

Court: COURT OF CRIMINAL APPEALS OF TEXAS

Date published: Oct 12, 2016

NO. WR-85,447-01 (Tex. Crim. App. Oct. 12, 2016)

Opinion

NO. WR-85,447-01

10-12-2016

EX PARTE JEREMY WADE PUE, Applicant

Per curiam.

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR2008-214-1 IN THE 207TH DISTRICT COURT FROM COMAL 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). Applicant was convicted of evading arrest with a vehicle and sentenced to thirty years' imprisonment as a habitual felon.

Applicant, through habeas counsel, contends that the habitual enhancement was improper and that both trial and appellate counsel provided ineffective assistance regarding it. We order that this application be filed and set for submission to determine two issues:

(1) Whether Applicant's prior 2007 probated conviction from California, which

was alleged in one of the habitual enhancement paragraphs, could have been used as a punishment enhancement in California and was therefore available for use as a punishment enhancement in this Texas prosecution; and

(2) Whether the 30-year habitual-felon sentence was rendered unlawful because Applicant's prior 2007 probated conviction from California was reduced to a misdemeanor "for all purposes" in 2015, which reduction occurred after Applicant's conviction and sentencing as a habitual felon in this case.

The parties shall brief these issues. In regard to his remaining claims concerning whether the trial court made proper findings of "true" at the conclusion of the punishment hearing, Applicant fails to show entitlement to habeas relief.

It appears that Applicant is represented by counsel. If that is not correct, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. TEX. CODE CRIM. PROC. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing: a confirmation that Applicant is represented by counsel; the order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with this Court within 90 days of the date of this order. Filed: October 12, 2016
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