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Ex Parte Hernandez

Court of Criminal Appeals of Texas
Jun 21, 2006
No. AP-75,445 (Tex. Crim. App. Jun. 21, 2006)

Opinion

No. AP-75,445

Delivered June 21, 2006. DO NOT PUBLISH.

On Application for a Writ of Habeas Corpus in Cause No. 74508-168 in the 168th District Court of El Paso County.


OPINION


Applicant was convicted of murder and punishment was assessed at confinement for ninety-nine years. This conviction was affirmed. Hernandez v. State, No. 08-94-355-CR, (Tex.App.-El Paso, delivered August 15, 1996, no pet.). Applicant contends that his trial counsel was ineffective. The trial court entered detailed findings of fact, concluding that trial counsel was ineffective in failing to call a witness to testify that another person had committed this offense, and in failing to impeach the only witness who connected Applicant to this offense. The court has recommended that relief be granted, and the State has concurred in these findings. Therefore, Applicant is entitled to relief. The judgment in cause number 74508-168 in the 168th Judicial District Court of El Paso County is set aside, and Applicant is remanded to the custody of the El Paso County Sheriff to answer the charges against him. Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Correctional Institutions Division.


Summaries of

Ex Parte Hernandez

Court of Criminal Appeals of Texas
Jun 21, 2006
No. AP-75,445 (Tex. Crim. App. Jun. 21, 2006)
Case details for

Ex Parte Hernandez

Case Details

Full title:EX PARTE ALEJANDRO HERNANDEZ, Applicant

Court:Court of Criminal Appeals of Texas

Date published: Jun 21, 2006

Citations

No. AP-75,445 (Tex. Crim. App. Jun. 21, 2006)

Citing Cases

Hernandez v. City of El Paso

On October 19, 1994, Alejandro Hernandez ("Plaintiff") was wrongfully convicted in the 168th District Court…