DocketNumber： AP-75,815
Filed Date： 1/16/2008
Status： Precedential
Modified Date： 9/15/2015
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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of capital murder and sentenced to life imprisonment. The Seventh Court of Appeals affirmed his conviction. Sifuentes v. State, No. 07-98-00408-CR (Tex. App. - Amarillo, August 28, 2000, pet. ref'd)).
Applicant contends, inter alia, that his trial counsel rendered ineffective assistance because counsel failed to investigate alibi witnesses and alternative suspects, failed to investigate physical evidence, and failed to conduct an effective examination of several witnesses.
The trial court has determined that trial counsel's failure to conduct an adequate investigation and effective witness examinations constituted deficient performance that prejudiced applicant. The court finds that had an adequate investigation been conducted, there is a reasonable probability that the evidence that would have been discovered and presented at trial would have created a reasonable doubt in the minds of the jurors and resulted in a different verdict. Likewise, had witnesses been examined effectively, there is a reasonable probability that their testimony would have created a reasonable doubt in the minds of the jurors and resulted in a different verdict. These findings are supported by the record. See Ex parte Thompson, 153 S.W.3d 416, 418 (Tex. Crim. App. 2005). We agree with the trial court that Applicant is entitled to a new trial.
Habeas corpus relief is granted. The judgment of conviction in Case No. 3083-A from the 154th Judicial District Court of Lamb County is vacated, and Applicant is ordered remanded to the custody of the Sheriff of Lamb County so that he may answer the charges against him.
Delivered: January 16, 2008
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