Morales, Marcos Higinio ( 2018 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-88,912-01
EX PARTE MARCOS HIGINIO MORALES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR-1672-16-I(1) IN THE 398TH DISTRICT COURT
FROM HIDALGO 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 was convicted of burglary of a
habitation and sentenced to four years’ imprisonment. He did not appeal his conviction.
Applicant contends that his trial counsel rendered ineffective assistance by failing to
investigate jail records to establish that Applicant was incarcerated at the time of the offense, and
therefore could not have committed this crime.
The trial court has determined that trial counsel’s performance was deficient in that counsel
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failed to investigate the jail records and that such deficient performance prejudiced Applicant. Relief
is granted. The judgment in Cause No. CR-1672-16-I(1) in the 398th District Court of Hidalgo
County is set aside, and Applicant is remanded to the custody of the Sheriff of Hidalgo County to
answer the charges as set out in the indictment. 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 19, 2018
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