Clark, Jaime ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,945-02
EX PARTE JAIME CLARK, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR04004189-H(2) IN THE 347TH DISTRICT COURT
FROM NUECES COUNTY
Per curiam. YEARY , J., concurred.
OPINION
Applicant pleaded guilty to five counts of sexual assault of a child and was sentenced to ten
years deferred probation. Applicant’s probation was later revoked and he was sentenced to twenty
years’ imprisonment on each of the five counts, with one count to run consecutively with the other
four. The Thirteenth Court of Appeals affirmed his conviction. Clark v. State, No. 13-12-00552-CR
(Tex. App.—Corpus Christi-Edinburg, June 27, 2013)(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 his plea was involuntary because trial counsel erroneously advised
Applicant to enter a plea of “true” to several of the State’s allegations in its amended motion to
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adjudicate despite having information and evidence contrary to a plea of true. Based on the record,
the trial court has determined that trial counsel’s performance was deficient and that Applicant would
have insisted on a trial but for counsel’s deficient performance.
Relief is granted. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Argent, 393 S.W.3d 781(Tex. Crim. App. 2013). The judgment in cause number 04-CR-4189-H in the 347th District Court
of Nueces County is set aside, and Applicant is remanded to the custody of the Sheriff of Nueces
County to answer the charges as set out in the indictment. The trial court shall issue any necessary
bench warrant within ten days from the date of this Court’s mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and the Board of Pardons and Paroles.
Delivered: January 27, 2021
Do not publish