Gomez, Jorge

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,360-01
EX PARTE JORGE GOMEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2019-417,741-A IN THE 364TH DISTRICT COURT
FROM LUBBOCK COUNTY
Per curiam. YEARY and SLAUGHTER , JJ., dissented.
OPINION
Applicant was convicted of possession of less than one gram of a controlled substance in
Penalty Group 1, methamphetamine, and sentenced to 268 days’ 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 his plea was involuntary because, but for defense counsel’s failure
to investigate a pending federal case and advise Applicant about the consequences that the State
conviction would have on the sentencing range in his federal case, Applicant would not have pleaded
guilty. The trial court concludes that Applicant received ineffective assistance of trial counsel.
2
Relief is granted. Ex parte Moussazadeh, 361 S.W.3d 684, 692 (Tex. Crim. App. 2012). The
judgment in cause number 2019-417,741 in the 364th District Court of Lubbock County is set aside,
and Applicant is remanded to the custody of the Sheriff of Lubbock 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: August 19, 2020
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