Guzman, Eynel

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,239-03
EX PARTE EYNEL AROLDO GUZMAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W219-81460-08-HC IN THE 219TH DISTRICT COURT
FROM COLLIN 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 one count of
aggravated sexual assault of a child and one count of indecency with a child and sentenced to twenty-
five years’ and fifteen years’ imprisonment, respectively. The Fifth Court of Appeals affirmed his
convictions. Guzman v. State, No. 05-09-01043-CR (Tex. App.– Dallas Mar. 15, 2011)(not
designated for publication).
Applicant’s writ application raised six grounds of relief, including claims of ineffective
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assistance of counsel, involuntary plea, Brady violation, insufficient evidence, out-of-time appeal,
and double jeopardy. This Court remanded the case for further development of the probable double
jeopardy issue.
The trial court has determined Applicant’s conviction for indecency with a child is based on
the same actions and same victim as his conviction for aggravated sexual assault of a child and
therefore violates double jeopardy. Patterson v. State, 152 S.W.3d 88 (Tex. Crim. App. 2004). We
agree that Applicant has suffered multiple punishments for the same offense. Ex parte Cavazos, 203
S.W.3d 333, 337 (Tex. Crim. App. 2007). Relief is granted. The judgment in count two of Cause
No. 219-81460-08 in the 219th District Court of Collin County is vacated and set aside. All remaining
issues are denied.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: September 16, 2015
Do not publish