Avila-Vega, Jose a ( 2018 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NOS.
    WR-87,931-01
    WR-87,931-02
    EX PARTE JOSE A AVILA-VEGA, Applicant
    ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
    CAUSE NOS. F50546-A AND F50546-B IN THE 249TH DISTRICT COURT
    FROM JOHNSON COUNTY
    Per curiam.
    ORDER
    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 these applications for writs of habeas corpus. Ex
    parte Young, 
    418 S.W.2d 824
    , 826 (Tex. Crim. App. 1967). Applicant was charged in a single
    indictment. He pled guilty to felony driving while intoxicated and was placed on community
    supervision. He also pled guilty to three intoxication assaults and was sentenced to prison. Applicant
    has filed one application challenging the intoxication assault convictions (the -01) and another
    application challenging the DWI conviction (the -02).
    This Court does not have jurisdiction to consider Applicant’s habeas claims regarding the
    2
    DWI conviction. Applicant was placed on community supervision for this offense, and the habeas
    record does not show that the community supervision has been revoked. TEX . CODE CRIM . PROC.
    ART . 11.072.   Applicant’s claims regarding the DWI conviction are dismissed.
    As for Applicant’s claims attacking the three intoxication assault convictions for which he
    was incarcerated, they are properly before this Court. TEX . CODE CRIM . PROC. ART . 11.07. Applicant
    complains that trial counsel provided ineffective assistance and that his guilty pleas were
    involuntary. Strickland v. Washington, 
    466 U.S. 668
    (1984); Ex parte Morrow, 
    952 S.W.2d 530
    (Tex. Crim. App. 1997). Trial counsel has provided an affidavit in response. The trial court has
    entered findings and recommends denying habeas relief based on counsel’s affidavit and its own
    review of the record. The trial court’s findings and recommendation are supported by the habeas
    record and applicable law. Applicant also claims that the judgments of conviction are void, which
    claim he fails to prove. See Ex parte Madding, 
    70 S.W.3d 131
    (Tex. Crim. App. 2002). Applicant’s
    claims regarding the three intoxication assault convictions are denied.
    Filed: August 22, 2018
    Do not publish
    

Document Info

Docket Number: WR-87,931-02

Filed Date: 8/22/2018

Precedential Status: Precedential

Modified Date: 8/23/2018