Gonzalez, Enrique ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,849-01
EX PARTE ENRIQUE GONZALEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 12-CRD-36-A IN THE 229TH DISTRICT COURT
FROM DUVAL COUNTY
Per curiam. Newell and Keel, JJ. dissent.
ORDER
Applicant was convicted of indecency with a child and sentenced to automatic life
imprisonment. The Fourth Court of Appeals affirmed his conviction. Gonzalez v. State, No. 04-13-
00708-CR (Tex. App.—San Antonio Dec. 12, 2014)(not designated for publication). Applicant filed
this application for a writ of habeas corpus in the county of conviction, and the district clerk
forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends that trial counsel was ineffective by misadvising him about the applicable
sentence and community supervision eligibility. He alleges that he would have accepted the offered
plea bargain had he been given competent advice. Based on the record, following a live hearing, the
trial court has determined that counsel was ineffective and Applicant would have accepted the plea
2
deal had counsel properly informed him that he was facing a mandatory life sentence and was not
eligible for community supervision.
However, Applicant waited over four and a half years before presenting this claim to the trial
court. After review of the entire record, this Court finds that Applicant is barred from obtaining
relief under the doctrine of laches. Ex parte Smith, 444 S.W.3d 661 (Tex. Crim. App. 2014). We
deny relief.
Filed: April 1, 2020
Do not publish