Ex parte Alvarado

COURT OF CRIMINAL APPEALS OF TEXASSep 12, 2018
NO. WR-88,620-01 (Tex. Crim. App. Sep. 12, 2018)

NO. WR-88,620-01

09-12-2018

EX PARTE FABIAN ALVARADO, Applicant


ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 12-1901-K277 IN THE 26TH DISTRICT COURT FROM WILLIAMSON 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 pleaded guilty to failure to comply with sex offender registration requirements and was sentenced to five years' imprisonment. He did not appeal his conviction.

Applicant contends, among other things, that his plea was involuntary because he was admonished incorrectly as to the degree and punishment range for the offense. Because Applicant's duty to register was based on a conviction for attempted sexual assault, that duty expires after ten years. TEX. CODE CRIM. PROC. art. 62.101(c)(2). Failure to comply with the registration requirements under these circumstances is a state jail felony. TEX. CODE CRIM. PROC. art. 62.102(b)(1). Applicant was admonished that he was pleading guilty to a third degree felony with a punishment range of two to ten years' imprisonment, rather than a state jail felony, and his five-year sentence exceeded the maximum punishment for the state jail felony offense.

The trial court has determined that Applicant's plea was not knowingly and voluntarily entered. Applicant is entitled to relief. Ex parte Huerta, 692 S.W.2d 681 (Tex. Crim. App. 1985).

Relief is granted. The judgment in Cause No. 12-1901-K277 in the 26th District Court of Williamson County is set aside, and Applicant is remanded to the custody of the Sheriff of Williamson County to answer the charges as set out in the charging instrument. The trial court shall issue any necessary bench warrant within 10 days after the mandate of this Court issues.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division. Delivered: September 12, 2018
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