Opinion
NO. PD-1215-12
03-20-2013
EX PARTE ALFREDO OLVERA, Appellant
ON STATE'S PETITION FOR DISCRETIONARY REVIEW
FROM THE FIFTH COURT OF APPEALS
COLLIN COUNTY
Per curiam .
OPINION
Appellant pleaded guilty to assault of a public servant. The trial court deferred an adjudication of guilt and placed Appellant on supervision for five years. He was later denied reentry into the United States.
Appellant filed a writ application pursuant to Art. 11.072 alleging that he received ineffective assistance of counsel under Padilla v. Kentucky, 559 U.S. 356 (2010). The trial court denied relief. On appeal, the Court of Appeals reversed, holding that counsel was ineffective under Padilla. Ex parte Olvera, No. 05-11-01349-CR, 2012 Tex. App. LEXIS 4896 (Tex. App. - Dallas June 20, 2012) (not designated for publication).
The State has filed a petition for discretionary review of this decision. The U.S. Supreme Court recently held that, under Teague v. Lane, 489 U.S. 288 (1989), Padilla does not have retroactive effect. Chaidez v. United States, __ U.S. __, 133 S. Ct. 1103 (2013). Today, we adopted that Court's reasoning as a matter of state law in Ex parte De Los Reyes, No. PD-1457-11, __ S.W.3d __ (Tex. Crim. App. March 20, 2013).
The Court of Appeals in the instant case did not have the benefit of our opinion in De Los Reyes. Accordingly, we grant the State's petition for discretionary review, vacate the judgment of the Court of Appeals, and remand this case to the Court of Appeals in light of De Los Reyes. DO NOT PUBLISH