Document Info

DocketNumber: WR-86,657-02

Filed Date: 8/21/2019

Status: Precedential

Modified Date: 8/24/2019

  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-86,657-02
    EX PARTE JESUS MIROLA, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. F46009B IN THE 413TH DISTRICT COURT
    FROM JOHNSON COUNTY
    Per curiam.
    ORDER
    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).
    In a single indictment, Applicant was charged with two counts of indecency with a child by
    contact and one count of indecency with a child by exposure. Under a plea agreement, he pled guilty
    to one count of indecency by contact and one count of indecency by exposure for deferred-
    adjudication probations; the State abandoned the other count of indecency by contact. The State later
    alleged that Applicant violated the deferred-probations. After a contested revocation hearing, the trial
    2
    court revoked the deferred probations, and it assessed a twenty-year sentence for the indecency by
    contact offense and a ten-year sentence—probated for ten years—for the indecency by exposure
    offense. In this habeas application, Applicant alleges that his guilty pleas were involuntary due to
    the ineffective assistance of his trial counsel and that his appellate counsel provided ineffective
    assistance. Applicant fails to show entitlement to habeas relief.
    Applicant’s habeas challenge to the probated sentence for indecency by exposure is dismissed
    because “an applicant must file an application for writ of habeas corpus under Texas Code of
    Criminal Procedure 11.072 in the trial court in which community supervision was imposed in order
    to attack a judgment of conviction ordering community supervision.” Ex parte Hiracheta, 
    307 S.W.3d 323
    , 325 (Tex. Crim. App. 2010). Applicant’s habeas challenge to the to the final conviction
    for indecency by contact lacks merit and is denied.
    Filed: August 21, 2019
    Do not publish