Court of Criminal Appeals of Texas, 2006

Garcia, Ex Parte Eleazar Aguilera

Court of Criminal Appeals of Texas · Decided May 17, 2006

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,410

EX PARTE ELEAZAR AGUILERA GARCIA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

IN CAUSE NO. CR-049296-B IN THE 93^RD DISTRICT COURT

OF HIDALGO COUNTY

Per curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, TEX.CODE CRIM.PROC. Applicant was convicted of attempted capital murder and engaging in organized criminal activity. Punishment, enhanced by a prior conviction, was assessed at imprisonment for twenty years. No appeal was taken from these convictions.

Applicant contends that his pleas were involuntary because they were entered pursuant to an agreement that the sentences would run concurrently with previously imposed federal sentences, but that federal authorities are not giving Applicant credit on his federal sentences for time served in the Texas Department of Criminal Justice, Criminal Institutions Division. The trial court has entered findings that Applicant's pleas were involuntary because they were entered pursuant to an agreement which cannot be fulfilled. Applicant is entitled to relief. Ex parte Huerta, 692 S.W.2d 681 (Tex.Crim.App. 1985).

Relief is granted. Applicant's convictions in cause number CR-049296-B in the 93^rd 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.

A copy of this opinion shall be sent to the Texas Department of Criminal Justice, Criminal Institutions Division.

DELIVERED: May 17, 2006.

DO NOT PUBLISH

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