Court of Criminal Appeals of Texas, 2013

Bazaldua, Francisco

Bazaldua, Francisco
Court of Criminal Appeals of Texas · Decided June 5, 2013

Bazaldua, Francisco

Opinion










IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NO. WR-78,452-01





EX PARTE FRANCISCO BAZALDUA, Applicant





ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2001CR6193-W1

IN THE 144TH DISTRICT COURT FROM BEXAR COUNTY





            Per curiam.


O R D E R


            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 indecency with a child by contact. His direct appeal was dismissed. Bazaldua v. State, No. 04-02-00922-CR (Tex. App.—San Antonio del. Feb. 12, 2003).

            Applicant alleges that his no contest plea was involuntary, citing to Padilla v. Kentucky, 559 U.S. 356 (2010). Because the holding in Padilla is not retroactive, Applicant’s writ application is denied. See Chaidez v. United States, 132 S.Ct. 2101 (2012); Ex parte De Los Reyes, 392 S.W.3d 675 (Tex. Crim. App. 2013).

Filed: June 5, 2013

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