Laguna, Gilbert Iii

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,666-01
EX PARTE GILBERT LAGUNA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 12-10-02701-DCRAJA-A IN THE 365TH DISTRICT COURT
FROM DIMMIT COUNTY
Per curiam.
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 aggravated
assault and sentenced to nine years’ imprisonment. He did not appeal his conviction.
Applicant contends that his trial counsel rendered ineffective assistance by failing to file a
motion for the suspension of further sentence when consideration for shock probation was part of
his original plea agreement.
The trial court has determined that trial counsel's performance was deficient in that counsel
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failed to file a motion for the suspension of further sentence and that such deficient performance
prejudiced Applicant. Relief is granted. The judgment in Cause No. 12-10-02701-DCRAJA in the
365th District Court of Dimmit County is set aside, and Applicant is remanded to the custody of the
Sheriff of Dimmit County to answer the charges as set out in the indictment. 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: February 4, 2015
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