Deleon, Ex Parte Jesus ( 2012 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

---

NOS. AP-76,763 & AP-76,764

---

EX PARTE JESUS DE LEON, Applicant

---

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS CAUSE NOS. 06-CR-0405-G & 06-CR-2746-G IN THE 404TH DISTRICT COURT FROM CAMERON 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 these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). In cause number 06-CR-0405-G, Applicant was convicted of aggravated sexual assault of a child, sexual performance by a child, and two counts of possession of child pornography. He was sentenced to imprisonment for ten years on each possession of child pornography count and for fifty and twenty years on the other counts. In cause number 06-CR-2746-G, Applicant was convicted of twenty counts of possession of child pornography and sentenced to ten years' imprisonment on each count. The Thirteenth Court of Appeals affirmed his convictions. De Leon v. State, Nos. 13-07-00187-CR & 13-07-00189-CR (Tex. App.-Corpus Christi-Edinburg May 15, 2008, pet. ref'd).

Applicant contends, among other things, that his guilty pleas were rendered involuntary because the State breached the plea agreements. We order that these applications be filed and set for submission to determine whether: (1) based on the totality of the record, waiver of appeal was an implicit or explicit element of the plea agreements; and (2) Applicant's guilty pleas were rendered involuntary because the State re-indicted Applicant's brother after Applicant appealed his convictions. The parties shall brief these issues. Oral argument is not permitted.

The trial court shall determine whether Applicant is indigent. If he is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent him. 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 either 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: March 28, 2012

Do not publish