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 DO NOT PUBLISH.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.