Pena, Joseph ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-80,938-01
EX PARTE JOSEPH PENA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 96-CR-2781-W1 IN THE 186TH DISTRICT COURT
FROM BEXAR COUNTY
Per curiam. Hervey, J., not participating.
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). Applicant was
convicted of murder and sentenced to life imprisonment. The Fourth Court of Appeals
affirmed his conviction. Pena v. State, No. 04-97-80-CR (Tex. App.–San Antonio, November
12, 1998).
Applicant contends, among other things, that his trial counsel rendered ineffective
assistance during the punishment phase of trial because she failed to investigate an
2
extraneous murder offense, failed to investigate and present mitigating evidence, and failed
to request a limiting instruction regarding that extraneous offense.
The trial court has determined that trial counsel's performance was deficient and that
such deficient performance prejudiced Applicant. We agree. Relief is granted. The sentence
in Cause No. 96-CR-2781 in the 186th District Court of Bexar County is set aside, and
Applicant is remanded to the custody of the Sheriff of Bexar County for a new punishment
hearing. Applicant’s other grounds are denied. 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: September 17, 2014
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