Delacruz, Felix ( 2024 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,378-01
EX PARTE FELIX DELACRUZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. DCR-5914-19A IN THE 154TH DISTRICT COURT
FROM LAMB COUNTY
Per curiam. KEEL, J. filed a dissenting opinion in which KELLER, P.J., YEARY, and
SLAUGHTER, JJ. joined.
OPINION
Applicant pleaded guilty and was convicted of continuous sexual abuse of a child and
sentenced to forty years’ imprisonment. 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 plea was involuntary because counsel gave him erroneous
information regarding his parole eligibility. Applicant contends, and counsel admits, that Applicant
was told that he would be eligible for parole after serving twenty years, but in fact, this sentence is
without parole. Applicant contends that he would not have pleaded guilty but for counsel’s bad
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information. We find that there is a reasonable probability that Applicant would have rejected the
plea and gone to trial had he known that the sentence was without parole. Ex parte Morrow, 952
S.W.2d 530 (Tex. Crim. App. 1997).
Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgment in cause
number DCR-5914-19 in the 154th District Court of Lamb County is set aside, and Applicant is
remanded to the custody of the Sheriff of Lamb 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: April 17, 2024
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