Biancalana, Joseph Agostino Iv ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,181-01
EX PARTE JOSEPH AGOSTINO BIANCALANA, IV, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. A18719-1 IN THE 216TH DISTRICT COURT
FROM KERR COUNTY
Per curiam. KELLER , P.J., filed a concurring opinion in which HERVEY and
SLAUGHTER , JJ., joined. YEARY , J., concurred.
OPINION
Applicant pleaded guilty to aggravated kidnapping in this case. At the same time, he pleaded
guilty to charges of tampering with evidence also from Kerr County, and aggravated kidnapping,
possession of a controlled substance and aggravated robbery from Gillespie County. Applicant was
sentenced to twenty-eight years’ imprisonment for each of the aggravated kidnapping charges and
the aggravated robbery charge, ten years’ imprisonment for the tampering with evidence charge, and
two years’ state jail for the possession of a controlled substance charge, all to run concurrently. He
did not appeal his convictions. 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 .
2
art. 11.07.
Applicant contends, among other things, that his convictions for aggravated kidnapping from
both Gillespie and Kerr Counties based on the same acts violate the prohibition on double jeopardy.
Based on the record, the trial court has determined that Applicant’s two convictions for
aggravated kidnapping involving the same acts violate the prohibition on double jeopardy. The trial
court has determined that Applicant’s other grounds for review are without merit. We agree.
Relief is granted. Ervin v. State, 991 S.W.2d 804, 817 (Tex. Crim. App. 1999). The
judgment of the 216th Judicial District Court of Kerr County in Cause No. A18719 is set aside. All
other relief is denied. 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: March 17, 2021
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