Padilla, Robert Jesse Jr. ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,426-03
EX PARTE ROBERT JESSE PADILLA, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 06-937-K368A IN THE 368TH DISTRICT COURT
FROM WILLIAMSON COUNTY
Per curiam.
OPINION
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). In a single proceeding, Applicant pleaded
guilty to two charges. Applicant pleaded guilty to one charge of possession with intent to deliver
a controlled substance in a drug free zone, and was sentenced to fifteen years’ imprisonment. That
conviction was the subject of a previous habeas application. At the same time, Applicant pleaded
guilty in this case to unlawful possession of a firearm by a felon, for which he received a five-year
sentence to run consecutively with the fifteen-year sentence. He did not appeal his convictions.
2
Applicant contends that his plea was involuntary because he received incorrect advice from
trial counsel in several respects. Primarily, Applicant alleges that he was advised that he would serve
his sentence in this case concurrently with a federal sentence and would serve it in federal custody.
The trial court determined that Applicant was promised by the trial court, the prosecutor and
his attorney that as part of the plea agreement in this case, he would serve his state sentences
concurrently with his federal sentence. The trial court finds that Applicant would not have entered
into the plea agreement had he known that he may not serve this sentence concurrently with his
federal sentence, or that his sentence would not be served in federal custody. Applicant is entitled
to relief. Ex parte Huerta, 692 S.W.2d 681 (Tex. Crim. App. 1985).
Relief is granted. The judgment in Cause No. 06-937-K368 in the 368th District Court of
Williamson County is set aside, and Applicant is remanded to the custody of the Sheriff of
Williamson County to answer the charges as set out in the indictment. The trial court shall issue any
necessary bench warrant within 10 days after the mandate of this Court issues.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: July 1, 2015
Do not publish